The purposes
of this chapter, which is adopted in the exercise of the police power,
are the following: to lessen congestion in the streets; to secure
safety from fire, panic and other dangers; to provide adequate light
and air; to prevent the overcrowding of land and buildings; to avoid
undue concentration of population; to conserve the value of property;
to encourage the most appropriate use of land; and generally, to promote
the health, morals and welfare of the inhabitants of the Township
of Cinnaminson.

The boundaries of all districts are hereby established
as shown on the map entitled "Zone Map of Cinnaminson Township," last
revised February 8, 2002, annexed to this chapter and hereby made
a part thereof.[1] All words, abbreviations, figures, symbols and other data
appearing on said map at the time of the adoption of this chapter
constitute a part of said map. Figures indicating the number of feet
appearing thereon between a road, street or avenue and the boundary
line of such district mean that the boundary line of the district
at such location runs parallel to the center line of the road, street
or avenue at the distance therefrom indicated by the number of feet
marked. District boundary lines along roads, streets, avenues or railroad
rights-of-way run along the respective center lines thereof.

Where a district boundary line (other than one
located in a road, street, avenue or railroad right-of-way) divides
a lot existing on the date of the adoption of this chapter, the regulations
and restrictions applicable to the less restricted district in which
a portion of such lot is located shall apply to the portion of such
lot located in the more restricted district for a distance of not
more than 50 feet beyond such district boundary line.

On and after the effective date of this chapter,
no person, unless authorized by statute or by order of the Board of
Adjustment, shall occupy or use any land or construct or locate any
building within the bounds of said Township of Cinnaminson except
in conformity with the restrictions and regulations established by
this chapter for the district in which such land or building is located
and in conformity with all other pertinent terms and provisions of
this chapter.

On and after the effective date of this chapter,
no person, unless authorized by statute or by order of the Board of
Adjustment, whether acting as manager, agent, architect, engineer,
contractor, artisan, mechanic, laborer or otherwise, shall aid or
assist any person in the occupation or use of any land or in the construction
or location of any building within the bounds of said Township of
Cinnaminson unless such occupation or use of land or such building
is in conformity with the restrictions and regulations established
by this chapter for the district in which such land or building is
located and is in conformity with all other pertinent terms and provisions
of this chapter.

Any building that shall have been constructed
or located on or after the effective date of this chapter in violation
of the restrictions and regulations established thereby for the district
in which such building is located, and/or in violation of any of the
other pertinent terms or provisions of this chapter, shall be changed,
altered, corrected and/or relocated by the person who constructed
or located such building and by the owner of the land on which such
building is situate so that such building and the premises of which
it is a part shall thereafter conform to the restrictions and regulations
established by this chapter for the district in which such building
is located and to all other pertinent terms and provisions of this
chapter. Such change, alteration, correction and/or relocation of
the building shall be made and effected within 10 days next after
the Zoning Officer shall have made and shall have served upon the
person who constructed or located such building and upon the owner
of the land on which such building is situate an order in writing
directing that such change, alteration, correction and/or relocation
of the building be made and effected within 10 days next after the
making and service of such order, which order the Zoning Officer may
serve or cause to be served by delivering the same or a duplicate
thereof to the person to whom such order is directed or by forwarding
the same or a duplicate thereof by first-class mail to the last known
post office address of such person and by posting a duplicate of such
order on the building or premises mentioned therein.

The right to farm, as defined in N.J.S.A. 4:1C-3,
is hereby recognized to exist in the Township of Cinnaminson, in the
County of Burlington, and is hereby declared a permitted use in all
zones of this Township, where an agricultural use is preexisting,
and a permitted use in the following zones under any circumstances:
Industrial Zone. This right to farm includes, but not by way of limitation:

Production of agricultural and horticultural crops,
trees and forest products, livestock and poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping.

Conduction of agriculture-related education and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the commercial
farm and permission of the farm owner and lessee is obtained.

The operation of a pick-your-own operation,
meaning a direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.

Clearing of woodlands using open burning and
other techniques, installation and maintenance of vegetative and terrain
alterations and other physical facilities for water and soil conversation
and surface water control in wetland areas.

Agricultural-related educational and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the farm,
including but not limited to equestrian activities, including the
boarding of horses and riding instructions.

The foregoing practices and activities may occur on
holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust and fumes associated
with these practices.

Any person aggrieved by the operation of a commercial
farm shall file a complaint with the applicable county agriculture
development board or the State Agriculture Development Committee in
counties where no county board exists prior to filing an action in
court.

An additional purpose of this chapter is to promote
a good neighbor policy by advising purchasers and users of property
within 500 feet from the lot line of any agricultural operation of
the potential discomforts associated with such purchase or residence.
It is intended that, through mandatory disclosures, purchasers and
users will better understand the impacts of living near agricultural
operations and be prepared to accept attendant conditions as the natural
result of living in or near land actively devoted to commercial agriculture
(or in an agricultural development area, meaning an area identified
by a county agriculture development board pursuant to the provisions
of N.J.S.A. 4:1C-18, and certified by the State Agriculture Development
Committee). The disclosure required by this subsection is set forth
in the disclosure form attached hereto and made a part hereof.[1]

The purpose of the R-1CL District is to provide
the opportunity for a variety of single-family detached housing types
on a variety of lot sizes including higher density cluster housing
(provided that specific design criteria are met) and fulfill, through
a contribution in lieu of on-site construction, a portion of Cinnaminson
Township's obligation to provide its fair share of the regional need
for low- and moderate-income housing.

Sales models, homes and/or trailers temporarily located
on residential development and construction sites either accessory
to a principal permitted use, or on individual lots but only in conjunction
with the initial development, construction and sales of dwelling units.

Maximum building height. No building shall exceed
35 feet in height and 2 1/2 stories, except that the existing
farmstead in existence as of December 31, 1997, may be three full
stories and religious institutions shall not be limited in height.

Applicant shall designate the cluster housing
area with the application and shall provide survey and plan information
related to the location of dwelling units and accessory structures
on lots in sufficient detail to demonstrate compliance with all standards
in this section.

A structure preexisting as of December 31, 1997, shall
be permitted to convert to two single-family attached dwellings on
individual minimum lots of 4,000 square feet. The two newly created
dwellings shall conform to the cluster housing standards contained
herein with the exception of those for which conformance is not possible
due to the attachment of the dwellings.

Development within the R-1CL Zone shall comply with
all zoning, subdivision, site plan, performance and related requirements
of Cinnaminson Township except that specific standards in this chapter
amendment shall supersede any conflicting standards in Chapter 455,
Subdivision of Land,[1] and this Chapter 525.

Except within the cluster housing area, no fence shall
be constructed in excess of 48 inches in height. Within the cluster
housing area, fences constructed in the side or rear yard shall not
exceed 72 inches in height; fences in the front yard are prohibited
unless they are integral to the architectural design of the dwelling
unit, are set back a minimum of five feet from the cartway and do
not exceed 48 inches in height.

No fence shall be fabricated, constructed or built
of any material other than wood, brick, stone, finished masonry, aluminum
or vinyl and shall be designed and constructed to withstand the horizontal
concentrated load of 200 pounds applied on a one-square-foot area
at any point of the fence.

Within the cluster housing area, extension of walls
up to 10 feet beyond the building facade and building line in a front,
side or rear yard shall be permitted on all building lots, provided
that the wall or walls are part of the original architectural design
of the principal structure do not exceed six feet in height, and are
not erected within five feet of any property line.

Building lots having adequate frontage on two streets
shall be permitted to have access only onto the street with the lesser
traffic intensity. In the event the two streets have approximately
equivalent traffic intensity, the applicant shall choose the street
to which the lot shall have access.

Building lots with frontage on two streets, one of
which is New Albany Road, Riverton-Moorestown Road or Parry Road,
and requiring frontage on the internal street, shall have a ten-foot
buffer strip included within the required side or rear setback. This
10 feet of depth shall be subject to a conservation easement or other
suitable legal instrument, maintained by a homeowners' association
or other entity acceptable to the Township and planted as a condition
of any subdivision approval with evergreen trees and shrubs and nonevergreen
native vegetation, so as to supplement existing vegetation to provide
a year-round visual screen at least six feet in height and covering
50% of the frontage of the lot by the end of two growing seasons.
The height of growth requirements can be met in part by creating a
berm at a slope of 1:3 within the buffer area. Fences shall not be
constructed within the ten-foot buffer strip unless specifically approved
by the Board of jurisdiction in Cinnaminson Township as part of a
comprehensive buffer landscape design plan.

At least 30% of the development tract shall be set
aside for passive recreation and permanent open space including floodplain,
wetlands, detention areas and retention ponds. The developer shall
provide reasonable active recreation facilities in the cluster area,
such as but not limited to bicycle trails, walkways, community center,
tennis courts, and swimming pools.

Provided that the parking needs of the cluster housing area are adequately accommodated, private streets within the cluster housing area shall have a cartway width of 20 feet with no on-street parking permitted. (See Subsection O below.) Private dead-end streets within the cluster housing area are permitted without culs-de-sac, provided that they have a suitable turnaround for automobiles at the terminus and serve no more than six cluster dwelling units.

Notwithstanding the narrow cartways and prohibition
of on-street parallel parking within the cluster housing area, adequate
parking must be provided to accommodate residents and visitors on
individual lots and within common areas. Applicants shall demonstrate
that the parking proposed will be adequate based on the housing type,
subdivision design, local conditions and other relevant factors, but
in no event shall parking be provided which is less than the following:

Each dwelling unit shall provide a garage and a driveway
with a minimum length from garage to the cartway or pedestrian walkway
(if applicable) of 20 feet, which garage and driveway shall be of
sufficient width to provide adequate on-site parking.

A maximum of one toolshed is permitted per residential
lot. The maximum height of toolsheds shall be 12 feet. The maximum
floor area of toolsheds shall be 150 square feet in the cluster housing
area and 200 square feet outside the cluster housing area.

The developer shall contribute a development
fee to the Township for deposit in the Township's Affordable Housing
Trust Fund in lieu of construction of affordable units on site pursuant
to a developer agreement to be negotiated with the Township.

Applicants for approval of developments with
elements of common ownership shall submit a master deed including
covenants, restrictions and controls governing the use of the land,
buildings, structures, landscaping and other improvements to be owned
by a homeowners' association or other similar entity in a form acceptable
to the Township.

Public educational institution; private educational
institution; religious institution; municipal building; electric utility
service installations, exclusive of commercial offices, warehouses,
storage and garages, and provided further that there shall be a landscaped
buffer strip of not less than 15 feet along the outside boundaries
of said property.

Accessory use or structure on the same lot with and
customarily incidental to the main permitted use or structure located
on the lot. The term "accessory use or structure," as used within
this section, shall include and permit:

Any of the following accessory signs, provided
that no sign shall be placed in such a position that it will cause
danger to traffic on a road or street by obscuring the view and provided
that no sign shall be of the flashing type:

A sign advertising the sale or rental of premises
and a sign bearing the word "sold" or "rented" and the name and address
of the person effecting the sale or rental, provided that such sign
may be erected only on the premises to which it relates and that the
size of any such sign shall not exceed one square foot for each 10
feet of lot frontage, with a maximum of 20 square feet, but no such
sign need be less than six square feet.

A sign indicating land in the process of development
and showing the name of the owner, developer, builder or agent, provided
that the size of any such sign shall not exceed 128 square feet and
that not more than one such sign shall be erected on each 500 feet
of street frontage.

A sign of a mechanic or artisan, but only during
the period of time that such person is performing work on the premises,
provided that such sign shall be erected only on the lot where the
work is being performed and that the size of any such sign shall not
exceed 12 square feet and that such sign shall be removed promptly
upon completion of the work.

The sign of a school, college, church, hospital
or other similar institution, provided that the size of any such sign
shall not exceed 20 square feet and that not more than two such signs
shall be placed on the lot.

A sign exhibiting the name given to the property
by the owner or occupant or relating to trespassing on the premises
or indicating the private nature of a road or driveway, provided that
the size of any such sign shall not exceed two square feet.

A sign advertising a permitted accessory use,
provided that the size of any such sign shall not exceed two square
feet and that such sign shall be erected only on the lot where such
accessory use exists.

Signs permitted under Subsection C(l)(a)[1]
through [9] of this section, if illuminated, should be illuminated
in such a manner that incandescent lamps, neon tubes, fluorescent
tubes or any form of illumination is not exposed unless provided with
hood or shade.

Does not include and therefore does not permit the operation
of an industry or business, or the use of physical facilities for
the conduct of a business or industry, other than a professional office,
as defined herein, and a home occupation, as defined herein.

A tract of land improved with at least 18 holes for playing
the game of golf, and improved with tees, greens, fairways and hazards,
and a clubhouse (which may include dining rooms, common rooms, a pro
shop, social rooms, kitchen, locker rooms and similar facilities)
and customary, but clearly subordinate, accessory facilities such
as tennis courts and swimming pools and buildings and structures for
the maintenance and operation of the facility.

One carried on in the main dwelling or in a building accessory thereto solely by the inhabitants thereof, which does not change the character thereof, does not employ outsiders, does not involve trading in merchandise or animals or the rendering of personal physical services, does not give rise to offensive noise, vibrations, smoke, dust, odor, heat or glare and which does not occupy more than 25% of the net livable floor area of the dwelling unit. "Home occupation" is defined herein to include the occupations of dressmaker, milliner, seamstress and such other occupations as comply with the standards set forth in §§ 525-20 through 525-22 and which the Planning Board of the Township of Cinnaminson may authorize as a conditional use. Beauty shops, barbershops, dancing instructions and commercial kennels shall not be deemed to be "home occupations."

An office of a physician, dentist, clergyman, attorney, accountant, architect or registered professional engineer, which is located in the dwelling in which the practitioner resides, or in a building accessory thereto, and in which no person or persons other than residents of the dwelling are employed, except that one nonresident employee who is not a member of a profession as defined within this section of the chapter may be allowed, and in which there is no display of goods or advertising other than an identification sign as provided for in §§ 525-20 through 525-22. Said office shall not occupy more than 25% of the net livable floor area of the dwelling unit.

The area of the lot shall be not less than 15,000 square feet, and
the width of the lot shall be not less than 100 feet at the building
line. Notwithstanding the foregoing, for lots with frontage on Golf
Road, Par Drive, Coles Lane and Thomas Avenue, the area of the lot
shall be not less than 20,000 square feet, and the width of the lot
shall be not less than 150 feet at the building line.

There shall be a front yard on each street on which the lot abuts,
which yard shall be not less than 50 feet in depth, provided that
the front yard on the long side of a corner lot may be reduced to
a depth of not less than 30 feet. Notwithstanding the foregoing, for
lots with frontage on Golf Road, Par Drive, Coles Lane and Thomas
Avenue, a front yard on each street on which the lot abuts shall be
not less than 75 feet in depth, provided that the front yard on the
long side of a corner lot may be reduced to a depth of not less than
50 feet.

In all R-2 Residence Districts, the following
height restrictions and regulations are established: No building,
structure or any part thereof, other than farm buildings, shall exceed
35 feet in height.

There shall be a front yard on each street on which
the lot abuts, which yard shall be not less than 40 feet in depth,
provided that the front yard on the long side of a corner lot may
be reduced to a depth of not less than 20 feet.

In all R-2A Residence Districts, the following
height restrictions and regulations are established: No building,
structure or any part thereof, other than farm buildings, shall exceed
35 feet in height.

There shall be a front yard on each street on which
the lot abuts, which yard shall be not less than 30 feet in depth,
provided that the front yard on the long side of a corner lot may
be reduced to a depth of not less than 20 feet.

In all R-3 Residence Districts, the following
height restrictions and regulations are established: No building,
structure or any part thereof, other than farm buildings, shall exceed
35 feet in height, provided that such height limit may be exceeded
by one foot for each six feet by which the aggregate width of the
side yards is increased beyond the minimum side yard requirements,
up to a maximum height of 45 feet.

There shall be a front yard on each street on which
the lot abuts, which yard shall be not less than 25 feet in depth,
provided that the front yard on the long side of a corner lot may
be reduced to a depth of not less than 15 feet.

There shall be a front yard on each street on which
the lot abuts, which yard shall be not less than 25 feet in depth,
provided that the front yard on the long side of a corner lot may
be reduced to a depth of not less than 10 feet.

The parking, storing or garaging of a commercial vehicle
with a gross vehicle weight of 8,000 pounds or more is prohibited
within all residential zones of the Township of Cinnaminson, except
that this section shall not apply to public streets or roadways. Nothing
herein, however, shall prohibit the parking, storing or garaging of
recreational vehicles or farm vehicles; nor shall the temporary parking
of a commercial vehicle for the purpose of performing services or
making pickups or deliveries in the regular course of business be
prohibited.

The parking or storing of a commercial vehicle with
a gross vehicle weight of 8,000 pounds or more is prohibited on all
public streets or roadways within all residential zones of the Township
of Cinnaminson. Nothing herein, however, shall prohibit the parking
or storing of recreational vehicles or farm vehicles; nor shall the
temporary parking of a commercial vehicle for the purpose of performing
services or making pickups or deliveries in the regular course of
business be prohibited.

Any motor vehicle used for commercial purposes, in interstate
or intrastate commerce, for the transportation of property, goods,
wares and merchandise or for the transportation of persons for hire,
compensation or profit. The display of commercial, omnibus or constructor
registration plates on any motor vehicle shall, for the purposes of
this chapter, be prime facie evidence that the vehicle is a commercial
vehicle.

The combined weight of the vehicle and the rated payload.
For the purposes of this chapter, the gross weight as stated on the
vehicle's registration certificate shall be prime facie evidence of
the vehicle's gross vehicle weight.

Violations and penalties. Every person convicted of
violation of a provision of this chapter or any supplement thereto
shall be liable to a fine of not more than $50 or imprisonment for
a term not exceeding 15 days, or both.

Construal. This section is intended to be a regulatory or penal ordinance of the Township of Cinnaminson controlling the presence of commercial vehicles as defined herein in residential zones. In the event that any article, section, paragraph, clause or provision of this chapter should be adjudged to be an ordinance in the nature of a Zoning Ordinance, by any court of competent jurisdiction, said article, section, paragraph, clause or provision shall be deemed to be incorporated within the Zoning Ordinance of the Township of Cinnaminson, formerly known as "Chapter 92" of the Code of the Township of Cinnaminson, and codified as § 525-35, to be entitled, "Commercial vehicles in residential zones."

There shall be a front yard on each street on which
the lot abuts, which yard shall be not less than 30 feet in depth,
provided that the front yard on the long side of a corner lot may
be reduced to a depth of not less than 15 feet.

All development within the project area falling
under the Court’s jurisdiction and incorporated in the Court’s
December 4, 2002, Order in the matter entitled "Cresmont Limited Partnership
v. Township of Cinnaminson, et al," Docket No. BUR-L-1999-96, relating
collectively to Block 307, Lots 1 and 1.01, Block 404, Lots 1 and
3, Block 501, Lots 12 and 14, Block 502, Lots 2, 3, 4 and 7, and Block
503, Lots 1, 3 and 4, shall be subject to and governed by the standards
established in said Order, which is incorporated in this section as
if set forth at length and attached hereto as Exhibit A.[1]

Multiplex. The multiplex is a building consisting
of three or more dwelling units under a common roof. In general, all
units have independent outside access, but this is not necessary.
Units may be arranged in a variety of configurations: side by side,
back to back or vertically. The essential feature is the small number
of units attached. No more than five units shall be attached in any
group. The total of all groups shall average four units per structure.

Garden apartments. Garden apartments are multifamily
buildings where individual dwelling units share a common outside access.
They also share a common yard area, which is the sum of the required
lot areas of all dwelling units within the building. Garden apartments
shall contain more than three and no more than 16 dwellings in a single
structure.

Minimum fifteen-foot-wide unobstructed emergency
access easement in rear of townhouse units to be placed in common
area. If a common open space area does not exist, the easement may
be part of the required lot size but shall not be placed in any required
setback area.

Buffer areas shall be provided between all residential
land uses and nonresidential land use or nonresidential zone districts.
Buffer areas shall be a minimum of 20 feet wide in the IR District
and are to be in addition to the required yard setbacks. Buffer areas
shall be increased to 50 feet for residential land use adjacent to
the landfill. Buffer areas shall be designed, planted, graded and
landscaped to provide an aesthetically pleasing separation of uses.
In meeting this standard, the applicant may employ one or more of
the following:

If, in the judgment of the approving authority, any
of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the development plan to be modified to show the extension
of the buffer area, require that the proposed alternatives be landscaped
differently or be relocated until, in the approving authority's judgment,
they provide the desired buffering effect.

Buffer material and natural foliage. All buffer areas
shall be planted and maintained with either grass or ground cover,
together with a screen of live shrubs or scattered planting of live
trees, shrubs or other plant material. The preservation of all natural
wooded tracts shall be an integral part of all development plans and
may be calculated as part of the required buffer area, provided that
the growth is of a density and the area has sufficient width to serve
the purpose of a buffer. Additional plantings may be required by the
approving authority to establish an appropriate tone for an effective
buffer.

Screening shall be provided with buffer strips or
as required elsewhere in this chapter so as to provide a year-round
visual or partial acoustical barrier to conceal the view or sounds
of various utilitarian operations and uses from the street or adjacent
properties.

All plants for screening shall be of a species common
to the area, be of balled and burlapped nursery stock and be free
of insects and disease. Plants which do not live shall be replaced
within two years or two growing seasons. Buffered screen plantings
shall be broken at points of vehicular and pedestrian ingress and
egress to assure a clear sight triangle at all street and driveway
intersections.

Solid fencing. A solid fencing of natural durable
material, such as cedar, cypress or redwood, a maximum height of six
feet above ground level and open to the ground to a height of not
more than four inches above ground level.

Low-type shrubbery screening may be used in
and around parking areas, roadways or accessways where sight distances
for vehicular and pedestrian traffic are a prime consideration. Shrubbery
shall be a minimum of three feet high when planted and be of such
density as will obscure, throughout the full course of the year, the
glare of automobile headlights emitted from the premises.

Trees. Trees for screening shall be evergreens
having a minimum height of eight feet above the ground when planted.
Trees shall be placed five feet on center in a single row, or five
feet on center in two or more staggered rows with a five-foot separation
between rows. Evergreens may be supplemented with deciduous trees
having a minimum height of eight feet at time of planting, with a
minimum caliper of 1 1/2 inches.

Each multiple-dwelling complex of dwelling units shall
have a compatible architectural theme with variations in design to
provide attractiveness to the development, which shall include considerations
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features, including individual
dwelling unit design, such as varying unit widths, staggering unit
setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination of each dwelling
unit.

Multifamily dwelling units shall be grouped in clusters.
Private parking areas should be located near dwelling unit entrances.
Any outdoor living areas or patios should adjoin open space or paths
leading to open space. Dwelling units should not front on a through
street. Screening of such outdoor living areas may be accomplished
with plant materials, masonry structures or wood fences. Architectural
elements, such as masonry walls and fences, shall be compatible in
both style and materials with the dwelling unit of which it is part.

For multifamily dwelling units, there shall be provided
at least one outdoor refuse storage area of at least 100 square feet
for each 20 dwelling units. The refuse storage area shall be screened
and suitably located and arranged for access and ease of collection
and shall not be part of, restrict or occupy any parking aisle and
shall not be located further than 300 feet from the entrance to any
multifamily unit which it is intended to serve.

Open space areas resulting from development in the
IR District shall weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas. The configuration of the open space areas
should be arranged so that connections can be made to existing or
future adjacent open spaces and other community facilities, if applicable.

The developer may be required to plant trees or other
similar landscaping improvements. Said improvements may include removal
of dead or diseased growth, thinning of trees or other growth to encourage
more desirable growth, removal of trees in areas planned for active
recreational facilities, grading and seeding and improvements or protection
of the natural drainage system by the use of protective structures,
stabilization measures and similar improvements.

Portions of the open space should be developed to
afford both passive and active recreational opportunities. Passive
recreational activities may include but are not limited to pedestrian
paths, sitting areas and naturally preserved areas. Active recreational
areas may include but are not limited to such facilities as swimming
pools, tennis courts, bicycle paths and play fields but should be
carefully located to avoid problems of noise, lights and similar nuisance
elements affecting residential units. They shall be located not less
than 50 feet from any boundary line, exclusive of buffers.

The land to be set aside shall be offered to the Township
Committee for acceptance. Land offered for dedication but not accepted
by the Township Committee shall be transferred to a homeowners' association
or similar organization in accordance with N.J.S.A. 40:55D-43.

Any open space offered to the Township Committee shall
be subject to review by the Planning Board, which shall be guided
by the Master Plan, the ability to assemble and relate such lands
to an overall plan, the accessibility and potential utility of such
lands and such existing features as topography, soils, wetlands and
tree cover, as these features may enhance or detract from the intended
use of the lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of accepting
any lands to be offered.

Private residential sheds used for the storage of
normal household objects owned by the residents of the property. Shed
height shall not exceed 10 feet, and only one shed is permitted per
dwelling unit, with a maximum size of 150 square feet.

Density for the R-2CL Districts is based upon
dwelling units per adjusted gross acre as defined in § § 455-5
of Chapter 455, Subdivision of Land.[1] Maximum density per adjusted gross acre in the R-2CL District
is three dwelling units. A bonus density of a maximum of one unit
per acre for single-family dwellings is permitted for critical wetlands
on site in the R-2CL Districts for provision of open space public
access amenities on-site or off-site acceptable to the Planning Board
in accordance with a Township open space waterfront public access
concept of the Master Plan. Development in the R-2CL Districts should
be clustered with consideration of proximity to the Delaware River.
To encourage orienting housing toward the river and maintaining usable
open space ensuring physical and visual access, the minimum lot size
in the R-2CL District varies dependent upon the type of single-family
dwellings in accordance with the following:

Multifamily housing shall be a permitted conditional
use, provided that 20% of the units are set aside for low- and moderate-income
qualified households as defined in § 2.274.060E(3) below.
The following multifamily dwellings are permitted:

Multiplex. The multiplex is an attached dwelling.
In general, all units have independent outside access, but this is
not necessary. Units may be arranged in a variety of configurations:
side by side, back to back or vertically. The essential feature is
the small number of units attached. No more than five units shall
be attached in any group. The total of all groups shall average four
units per structure.

Garden apartments. Garden apartments are multifamily
buildings where individual dwelling units share a common outside access.
They also share a common yard area, which is the sum of the required
lot areas of all dwelling units within the building. Garden apartments
shall contain more than three and no more than 16 dwellings in a single
structure.

Density for multifamily housing is six units per adjusted
gross acre as defined for density in § 455-5 of Chapter
455, Subdivision of Land.[1] A bonus density credit for multifamily housing of 50%
of undevelopable wetlands on the site shall be permitted for public
access on-site or off-site in accordance with a Township open space
and waterfront public access plan.

Minimum fifteen-foot-wide unobstructed emergency
access easement in rear of townhouse units to be placed in common
area. If a common open space area does not exist, the easement may
be part of the required lot size but shall not be placed in any required
setback area.

Buffer areas shall be provided between all residential
land uses and nonresidential land use or nonresidential zone districts.
Buffer areas shall be a minimum of 20 feet wide in the R-2CL Districts
and are to be in addition to the required yard setbacks. Buffer areas
shall be increased to 25 feet for residential land use adjacent to
Broad Street. Buffer areas shall be designed, planted, graded and
landscaped to provide an aesthetically pleasing separation of uses.
In meeting this standard, the applicant may employ one or more of
the following:

If, in the judgment of the approving authority, any
of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the development plan to be modified to show the extension
of the buffer area, require that the proposed alternatives be landscaped
differently or be relocated until, in the approving authority's judgment,
they provide the desired buffering effect.

Buffer material and natural foliage. All buffer areas
shall be planted and maintained with either grass or ground cover,
together with a screen of live shrubs or scattered planting of live
trees, shrubs or other plant material. The preservation of all natural
wooded tracts shall be an integral part of all development plans and
may be calculated as part of the required buffer area, provided that
the growth is of a density and the area has sufficient width to serve
the purpose of a buffer. Additional plantings may be required by the
approving authority to establish an appropriate tone for an effective
buffer.

Screening shall be provided with buffer strips or
as required elsewhere in this chapter so as to provide a year-round
visual or partial acoustical barrier to conceal the view or sounds
of various utilitarian operations and uses from the street or adjacent
properties.

All plants for screening shall be of a species common
to the area, be of balled and burlapped nursery stock and be free
of insects and disease. Plants which do not live shall be replaced
within two years or two growing seasons. Buffered screen plantings
shall be broken at points of vehicular and pedestrian ingress and
egress to assure a clear sight triangle at all street and driveway
intersections.

Solid fencing. A solid fencing of natural durable
material, such as cedar, cypress or redwood, a maximum height of six
feet above ground level and open to the ground to a height of not
more than four inches above ground level.

Low-type shrubbery screening may be used in
and around parking areas, roadways or accessways where sight distances
for vehicular and pedestrian traffic are a prime consideration. Shrubbery
shall be a minimum of three feet high when planted and be of such
density as will obscure, throughout the full course of the year, the
glare of automobile headlights emitted from the premises.

Trees. Trees for screening shall be evergreens
having a minimum height of eight feet above the ground when planted.
Trees shall be placed five feet on center in a single row, or five
feet on center in two or more staggered rows with a five-foot separation
between rows. Evergreens may be supplemented with deciduous trees
having a minimum height of eight feet at time of planting, with a
minimum caliper of 1 1/2 inches.

The development plan should be broken into visually
small groupings such as quadrangles, clusters and courts. Devices
to slow speed and reduce the size of each visual grouping, such as
garden walls and gates, reduction in setbacks of facing buildings
and variable landscape layout, are encouraged.

Each detached dwelling unit and combined multiple
dwelling complex of dwelling units shall have a compatible architectural
theme with variations in design to provide attractiveness to the development,
which shall include consideration of landscaping techniques, building
orientation to the site and to other structures, topography, natural
features, including the waterfront and individual dwelling unit design,
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination of each dwelling unit.

Multifamily dwelling units shall be grouped in clusters.
Private parking areas should be located near dwelling units entrances.
Any outdoor living areas or patios should adjoin open space or paths
leading to open space. Dwelling units should not front on a through
street. Screening of such outdoor living areas may be accomplished
with plant materials, masonry structures or wood fences. Architectural
elements, such as masonry walls and fences, shall be compatible in
both style and materials with the dwelling unit of which it is part.

For multifamily dwelling units, there shall be provided
at least one outdoor refuse storage area of at least 100 square feet
for each 20 dwelling units. The refuse storage area shall be suitably
located and arranged for access and ease of collection and shall not
be part of, restrict or occupy any parking aisle and shall not be
located further than 300 feet from the entrance to any multifamily
unit which it is intended to serve and shall be screened.

Where private garages are provided, they must be constructed
as part of a dwelling unit. Detached garages are not permitted in
the R-2CL Zone. Private garages may be counted as 1/2 of an off-street
parking space.

Open space areas resulting from development in the
R-2CL District shall weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas. The configuration of the open space areas
should be arranged so that connections can be made to existing or
future adjacent open spaces and other community facilities.

The developer may be required to plant trees or other
similar landscaping improvements. Said improvements may include removal
of dead or diseased growth, thinning of trees or other growth to encourage
more desirable growth, removal of trees in areas planned for active
recreational facilities, grading and seeding and improvements or protection
of the natural drainage system by the use of protective structures,
stabilization measures and similar improvements.

Portions of the open space should be developed to
afford both passive and active recreational opportunities. Passive
recreational activities may include but are not limited to pedestrian
paths, sitting areas and naturally preserved areas. Active recreational
areas may include but are not limited to such facilities as swimming
pools, tennis courts, bicycle paths and playfields but should be carefully
located to avoid problems of noise, lights and similar nuisance elements
affecting residential units. They shall be located not less than 50
feet from any boundary line, exclusive of buffers.

The land to be set aside shall be offered to the Township
Committee for acceptance. Land offered for dedication but not accepted
by the Township Committee shall be transferred to a homeowners' association
or similar organization in accordance with N.J.S.A. 40:55D-43.

Any open space offered to the Township Committee shall
be subject to review by the Planning Board, which shall be guided
by the Master Plan, the ability to assemble and relate such lands
to an overall plan, the accessibility and potential utility of such
lands and such existing features as topography, soils, wetlands and
tree cover, as these features may enhance or detract from the intended
use of the lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of accepting
any lands to be offered.

Be oriented to the tract and to other buildings so
as to preserve open vistas to the Delaware River to take advantage
of the waterfront setting, to the maximum extent feasible, by clustering
with orientation of the project to the waterfront and otherwise providing
the residents and public with reminders of the proximity of the waterfront.

Develop projects with all-weather paths, landscaping
and other improvements that are appropriate for the anticipated demand
and size and location of the project. The public access system should
provide continuous access along the shoreline with connection to other
public areas or streets.

Public utilities, provided that the proposed use in
a specific location is necessary for the efficiency of the public
utility; that the design of any building in connection with such facility
shall conform to the general character of the area and will in no
way adversely affect the safe and comfortable enjoyment of property
rights adjoining property or within the neighborhood; that adequate
and attractive fences and other safety devices shall be provided and
sufficient landscaping, including shrubs, trees and lawns, shall be
provided and will be periodically maintained by the public utility;
and that all other requirements and specifications for the zone district
in which such use is located will be met and observed.

Temporary construction trailer and one sign, not exceeding
32 square feet, advertising the prime contractor, subcontractor, architect,
financing institution and similar data for the period of construction,
beginning with the issuance of a building permit and concluding with
the issuance of an occupancy permit, or for a period of one year,
whichever is less, provided that said trailer and sign are on the
site where the construction is taking place.

Any principal building may contain more than one use
and/or organization. Any lot may contain more than one principal building
structure, provided that each principal structure is located in a
manner which will allow the possibility of subdividing the lot in
a manner that each structure and resulting lot would conform to the
zoning and subdivision regulations, including frontage on a public
street.

At least the first 40 feet adjacent to any street
line and 20 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained as lawn area, ground cover or
landscaped with evergreen shrubbery and separated from the parking
area by poured concrete or Belgian block curbing.

All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district shall be
suitably finished for aesthetic purposes, which shall not include
unpainted or painted cinder block walls.

All portions of the property not utilized by building
or paved surfaces shall be landscaped, utilizing combinations such
as landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting, as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.

The purpose of the P Park District is to provide
the residents of Cinnaminson Township with passive open space recreational
areas adjacent to the Delaware River and the Pompeston Creek. Use
of lands in the P Park District is limited to passive open space and
recreational uses compatible with the adjacent waterfront and should
provide, where possible and feasible, connections with off-site waterfront
public access. Any use of the lands in the P Park District shall emphasize
conservation and enhancement of the natural resources and their enjoyment
by the public through passive recreational opportunities that minimize
intrusive structures.

More active recreational uses, i.e., recreational
uses that do not require extensive or intensive use of land may be
incorporated where the environmental attributes of the site are compatible
with the proposed use and will not result in an unacceptable fragmentation
of the park layout.

The purpose of the WP Wildlife Preserve District
is to ensure protection of environmentally sensitive land for open
space and educational and interpretive opportunities. Any use of the
lands in the WP District shall emphasize conservation and enhancement
of the natural resources. Where possible and feasible, connections
with off-site waterfront public access is encouraged.

Establishments where patrons are served or can obtain refreshments
or meals for principal consumption outside the confines of the principal
building or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.

An establishment where refreshments or meals may be obtained
by the public for consumption on the premises, within the building
housing the restaurant and at tables provided for the public by the
owners or management of the establishment. No service of meals or
refreshments is permitted to be made to any person or persons in a
vehicle on the premises.

Banking, savings and loan, or other full-service financial
institutions, except, however, that business as conducted primarily
for check-cashing purposes shall not be permitted in the Commercial
District.

Public garage, automobile repair shop, motor vehicle
service station, car wash or other establishment where motor fuel,
lubricating oils or motor accessories are stored or motor services
are rendered, except that no public garage, automobile repair shop,
motor vehicle service station, car wash or other similar establishment
where motor fuel lubricating oils or motor accessories are stored
or motor services are rendered shall be located within 300 feet of
any property upon which a church, school, hospital, theater or place
of public assembly seating over 50 persons is located. Said distances
shall be measured on a straight line or air line from the outer boundary
or property line of the lot containing the proposed use to the outer
boundary or property line of the lot containing a church, school,
hospital, theater or place of public assembly seating over 50 persons,
public garage repair shop, motor vehicle service station, car wash
or other establishment where motor fuel, lubricating oils or motor
accessories are stored or motor services are rendered. No outdoor
storage in connection with any of the uses mentioned in this subsection
shall be permitted, except that the outdoor storage of small utility
trailers which can be attached to motor vehicles and which have a
load limit not in excess of 2,000 pounds, commonly known as "U-Haul-it
trailers," shall be permitted at service stations.

Accessory use or structure on the same lot with and customarily incidental to the main permitted use or structure on the lot, including the accessory uses or structures enumerated in § 525-20C of this chapter.

Amusement centers, as herein defined, are prohibited.
An "amusement center" is defined as the operation of a business wherein
the proprietor, owner or tenant provides three or more game or amusement
machines for play by the public, whether or not said machines are
coin-operated.

On a lot used exclusively for a commercial purpose,
not more than 70% of the area of the lot may be occupied by buildings,
and there shall be the following yards on such lot: a front yard of
not less than 10 feet in depth and a rear yard of not less than 15
feet in depth, but side yards on such lot are not required; provided,
however, that on a lot used in part for a commercial purpose and in
part for dwelling purposes, there shall be at least one side yard
of not less than eight feet in width. On a lot used exclusively for
dwelling purposes, the area restrictions and regulations established
by this chapter for R-4 Residence Districts shall apply.

In all
C Commercial Districts, the following height restrictions and regulations
are established: No building, structure or any part thereof shall
exceed 35 feet in height, provided that such height limit may be exceeded
by one foot for each six feet by which the aggregate width of the
side yards is increased beyond the minimum side yard requirements,
up to a maximum height of 45 feet.

In all BD Business Development Districts, except for those falling under the redevelopment provisions of Chapter 411 of this Code, the following uses (and no others) of lands and buildings are permitted:

Restaurants and catering establishments where
refreshments and meals may be obtained by the public for consumption
on the premises within the building housing the restaurants and at
tables provided for the public by the owners or management of the
establishment.

The parcel of ground in question is under single
ownership, has an area of not less than 15 acres, has a frontage of
not less than 750 feet on a major street and contains an establishment
or establishments having a gross floor area of not less than one 100,000
square feet.

Planned Business Development Parks consisting of one or more of the permitted uses in the BD District as permitted under § 525-65 and in accordance with the regulations for a Planned Business Development Park established by ordinance.

Convenience stores with motor fuel dispensing, as hereafter
defined and subject to the conditions of this subsection. A convenience
store with motor fuel dispensing is a retail establishment offering
for sale prepackaged food products, household items, newspapers and
magazines, sandwiches and other freshly prepared foods, such as salads,
for off-site consumption and includes facilities for dispensing motor
fuels. The standards and conditions set forth below shall apply:

Parking: One space per employee on the most heavily staffed
shift plus a minimum of one space for each 300 square feet of footprint
of the principal building. Additional parking may be provided to enhance
internal circulation or where otherwise indicated by sound planning
principals.

Traffic study: A traffic impact study prepared by a licensed
professional traffic engineer shall be submitted by the applicant.
The study shall include but not be limited to estimates of the number
of vehicles utilizing the fuel dispensers and store facility, on-site
circulation, maximum size of trucks that can safely maneuver on site,
ingress, egress and the impact of the traffic on the traffic patterns
of adjacent roads.

Landscaping and buffering. Notwithstanding the
inclusion of the following standards in this chapter, same shall be
treated as design standards, and not zoning regulations, and therefore
deviations from same shall be considered as design waivers and not
variances.

One freestanding sign is permitted for each nonresidential street frontage with fuel pricing. Maximum height for a pylon sign is 20 feet, and the minimum setback shall be five feet from the right-of-way of any street. There shall be a required minimum distance of 10 feet, measured from the ground up to the bottom of a pylon sign. The surface area of the sign shall be a maximum of 50 square feet for each side of a double-faced sign. A "monument" sign shall conform to the requirements of § 411-12, and have minimum setbacks from the property line or right-of-way of 15 feet.

One facade sign is permitted on the principal building
façade. The sign shall be limited in size to two square feet
in size for each one foot of principal façade width. Façade
signs shall have a maximum vertical height of five feet, be at least
10 feet off of the ground, project no more than 12 inches from the
vertical wall and be no larger than 200 square feet in total size.

Architectural standards: In order to maintain consistency with the architectural features in the redevelopment areas of the Township, the architectural standards of § 525-66.1, which incorporate the standards § 411-12, are incorporated herein by reference, but shall be treated as design standards, and not zoning regulations, and therefore shall considered as design waivers and not variances.

Restaurant or cafeteria primarily for supplying meals
only to employees and guests of the principal use; and newsstand,
post office, automated banking facility and similar conveniences serving
primarily employees and guests of the principal use, provided that
there shall be no external evidence of such use.

A commercial establishment which has as a significant or
substantial portion of its stock-in-trade, or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising or maintains
a substantial section of its sales or display space for the sale or
rental, for any form of consideration, of any one or more of the following:

Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes, compact
discs, slides, DVDs or other visual representations which are characterized
by their emphasis on the exhibition or display of “specified
sexual activities” or “specified anatomical areas,”
as those terms are defined at N.J.S.A. 2C:34-6.

A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear nude or
semi-nude, or live performances which are characterized by the exposure
of “specified anatomical areas” or “specified sexual
activities” as said terms are defined in N.J.S.A. 2C:34-6.

Amusement centers. An "amusement center" is
defined as the operation of a business wherein the proprietor, owner
or tenant provides three or more game or amusement machines for play
by the public, whether or not said machines are coin-operated;

All other uses currently not permitted in the
zone; and nothing contained shall be construed to now permit uses
not expressly provided herein. Instead, all uses previously prohibited
in that they were not specifically permitted shall continue to be
prohibited, notwithstanding their omission from this list.

Permitted accessory structures shall not be permitted in any required
front yard or required side yard or within 20 feet of any property
line. In no case shall an accessory structure, built and designed
for the purpose of storage, be located between the front line of the
principal building and the street.

Wherever a property line in the BD Business Development District abuts the property line of a lot in a residence district or existing residential use, any paved surface, including, but not limited to, any parking lot, drive aisle, loading area, dispensing areas, or drive-through shall be no closer than 40 feet to said property line, and appropriate measures shall be taken to shield such adjacent residential areas from the glare of headlights or other illumination on the lot, as set forth in Subsection B below.

Within appropriate buffer zones, a solid and continuous
landscaped screen shall be planted and maintained. Said landscaping
shall consist of berms with massed evergreen and deciduous trees and
shrubs of such species as will produce a screen of at least six feet
in height at the time of planting, or as deemed necessary by the Board
after considering the elevation of the adjacent paved areas requiring
screening.

The entire buffer strip shall be graded and planted with grass by
seed or sod and such other shrubbery and trees as may be required
by the Board. The applicant may be required to use a combination of
berms, walls or other measures to enhance or promote visual interest
in the buffer area(s). The entire area shall be attractively maintained
to be kept free of all debris and rubbish.

In the event that any of the plantings required above do not survive
beyond the period of any maintenance guaranties provided for same,
they shall be replaced in accordance with the approved site plan during
the next planting season, as deemed appropriate by the Township Engineer
or appropriate inspecting agent of the municipality.

The certificate of occupancy for the use on the premises shall not be issued until such time as the landscaping requirement as set forth in this section is installed in accordance with the plan reviewed by the reviewing agency or board as set forth in § 525-75, or until a performance guaranty is posted with the municipality in the amount equal to the estimated costs of said landscaping installation in accordance with N.J.S.A. 40:55D-53. The performance guaranty shall ensure that the installed landscaping complies with the requirements set forth above at the time of planting.

Notwithstanding the foregoing, the requirements of this § 525-67 do not apply to the rear property lines and/or rear yards of lots in or abutting the Section #2 Redevelopment Area, as the Section #2 Redevelopment Area is described in the Cinnaminson Township Redevelopment Plan, dated June 2002, adopted as Township Ordinance 2002-16, and as subsequently amended.[1]

A planned business development park (PBD) is
flexible development of mixed uses permitted in the BD Business Development
Districts, all developed pursuant to an overall integrated plan. The
purpose of a PBD is to promote progressive development of land and
construction thereon by encouraging planned business developments
to achieve office and light industrial development offering greater
creativity and flexibility in site plan design than is provided under
the strict application of zoning regulations, while at the same time
preserving the health, safety, order, convenience, prosperity and
general welfare of Cinnaminson Township and its citizens. Any principal
building in a PBD may contain more than one use and/or organization,
provided that the total building coverage of the combined uses does
not exceed the maximum improvement coverage specified for the district.
Any lot developed as a PBD may contain more than one principal building,
provided that the total improvement coverage specified for the district
is not exceeded and the building separation requirements are met.
All buildings, signs, walkways and lighting fixtures shall be compatibly
designed, whether constructed all at one time or in stages over a
period of time. The following provisions shall apply to a PBD in the
BD Business Development Districts.

The aggregate land area devoted to flex building
and LT IND Districts uses shall not be more than 60% of the gross
land area of the PBD. The aggregate land area allocated to offices
shall not be less than 15% of the gross land area of the PBD, not
including office space in the flex buildings.

Front yard requirements. All PBDs shall have a front
yard setback a minimum of 65 feet from the road right-of-way, except
where reverse and/or side parking is utilized, in which event the
front setback can be reduced to no less than 40 feet.

Side yard and rear yard requirements. Each PBD shall
have a minimum side yard of 20 feet, except where said property adjoins
a residential zone or residential property when a minimum thirty-five-foot
side yard is required. A minimum rear yard of 40 feet is required.

Minimum distances between buildings. Minimum distances
between buildings in a PBD shall be measured horizontally in feet
and shall be measured away from the front, side and rear of each building.
The total minimum separation between buildings shall be the sum of
the two abutting distances. The minimum distances shall be 40 feet
for the front of a building; 20 feet for the side of a building; and
25 feet for the rear of a building. No portion of any building shall
be closer to any portion of any other building than the combined distances
of the abutting requirements for each building, provided that the
corner of a building offset more than a twenty-degree angle from a
line drawn parallel to another building shall be considered a side
of a building.

Maximum improvement coverage (MIC). The MIC shall
be 65%. All areas not utilized for buildings, parking, loading access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover or similar plantings and maintained in good
condition. A portion of the open space may contain a permanent water
area.

For the provision of a landscaped plaza or interconnecting
plaza(s) having pedestrian access from off-street parking areas and/or
streets, with the largest dimension of such plaza area fronting on
at least 25% of the principal structures on the lot, the maximum permitted
FAR/MIC may be increased up to 5%.

For the provision of varied building(s) sitting on
the lot other than in a single line such that an open landscaped pedestrian
area is achieved bounded on three sides by the principal structures
on the lot, the maximum permitted FAR/MIC may be increased up to 5%.

Increases under Subsection H(1) and (2) above may be cumulative. However, the increases permitted above shall not exceed the maximum permissible FAR of 0.25/0.31 for one-story or two-or-more-story buildings, respectively; the MIC shall not exceed 72%.

Rear yard: 15 feet, except where said property adjoins
a residential zone or residential property, in which event a thirty-foot
buffer is required; excepting further, however, that no rear yard
setback, and no buffer, shall be required where a property in the
Section #2 Redevelopment Area, as the Section #2 Redevelopment Area
is described in the Cinnaminson Township Redevelopment Plan, dated
June 2002 and adopted through Ordinance 2002-16, adjoins a residential
zone or property.[1]

Access to and from a PBD shall be controlled in the
interest of public safety. Each separate use, grouping of attached
buildings or groupings of uses permitted as part of a single integrated
PBD shall have not more than two accessways to the road on which it
is located. Insofar as practicable, the use of common accessways by
two or more permitted uses shall be provided in order to reduce the
number and closeness of access points along the highway. The internal
street system shall be an integral feature of the overall design of
a PBD. It shall be designed for the efficient and safe flow of vehicles
without creating a disruptive element to the development.

It shall be required that a comprehensive and detailed
vehicular and pedestrian circulation plan be submitted and approved
by the reviewing board. The circulation plan shall include vehicular
access to and from major and collector streets, methods of adequate
vehicular and pedestrian circulation patterns and separation of service
and delivery areas from customer and employee areas.

Each development in the BD Districts developed
in accordance with the requirements of a PBD and major retail establishments
may have a maximum of two signs, except as otherwise permitted below,
in accordance with the following standards:

For each PBD or major retail establishment where more
than one business or use is located in a particular building or buildings,
where said businesses or uses use a common parking lot and/or a common
driveway or roadway, no freestanding signs shall be permitted, and
instead there shall be one multiple occupancy and tenancy (MOT) sign.
An MOT is a sign identifying where there is more than one occupancy
and tenancy use and common parking facility and/or a common private
drive or roadway and where the names and professions or business names
of the various tenants and/or occupants are displayed. The signs shall
be set back a minimum of 20 feet from the curbline. The sign may be
illuminated by uprights located in the surrounding planting beds or
internally illuminated.

Each building within a PBD may have a sign on its
facade which cannot exceed 15% of the front wall area. The facade
sign shall be flush with the wall surface and may be lighted with
properly directed spotlights. Permanent lettering on a window or door
is permitted, provided that the letters are not more than four inches
in height and that only the name and specially of the business is
inscribed.

All service areas in the PBD, loading docks, trash
receptacles, etc., whether located to the side or to the rear of the
building, shall be screened from public view by an evergreen vegetative
buffer at least six feet in height at the time of planting or a seven-foot-high
solid or louvered wooden fence may be used where space is prohibitive.

No merchandise, products or similar material or objects
shall be displayed or stored outside unless appropriately screened
and maintained. Any use resulting in the storage of vehicles outside
shall have such area entirely enclosed by a solid wood fence, wall,
plant material or combination thereof in order to provide a visual
barrier between the storage areas and any street, residential zoning
district or existing residential use. Such outside storage area shall
not exceed 10% of the lot area and shall be located in the rear yard
only.

A landscaping plan of a PBD shall be provided.
Landscaping shall be integrated into building arrangement, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an imaginative
and aesthetic manner.

Natural topography and vegetation. The applicant shall
use natural topography and vegetation, where possible. Large parking
areas are not to be stripped of vegetation without requiring reseeding
or replanting of all unpaved areas.

Saving of trees. Every attempt shall be made by the
applicant to save existing trees even at the loss of parking spaces.
Clumps of trees should be saved over single trees. Care should be
taken by the approving authority to properly evaluate site clearing
proposals, recognizing that wild trees often do not survive when their
habitat is drastically altered. Where loss of trees is suggested,
replacement should be required.

Screened areas and buffers. Tall dense screens are
required along nonpenetrable side lines, rear property lines and where
commercial or industrial parking areas abut residences or residential
zones. Evergreens such as but not limited to white pine, Austrian
pine, Canadian hemlock, Servian spruce, arborvitae and upright yews
may be used, provided that they meet specified height requirements.

Driveways. The areas adjacent to the driveways shall
be planted with low plants or grass. Appropriate low plants include
but are not limited to butterfly bush, Sargent juniper, inkberry,
Japanese barberry or shrubbery cinquefoil.

Other required landscaped areas. Where a development
plan indicates raised walkways between opposing rows of cars, areas
at the end of bays or, where proposed or required by the approving
authority, specific planting islands are indicated, these areas shall
be landscaped. Planting strips may be as narrow as five feet, with
a fifteen- to twenty-foot width most desirable. All should be raised
and protected by permanent concrete curbing. The applicant shall landscape
5% to 10% of the parking areas provided.

Natural setting. In proposing a landscaping plan,
an applicant shall take care, and the approving authority in reviewing
shall require, that a natural setting consistent with prevailing community
standards be preserved. Recognizing that a major community asset lies
in the preservation of the natural condition of property, all efforts
in the area of landscaping shall be exercised to provide consistent
landscaping proposals with existing foliage.

Landscaping in parking and loading areas shall be
shown on the landscaping plan. Trees shall be staggered and/or spaced
so as not to interfere with driver vision, have branches no lower
than six feet and be placed at the rate of at least one tree for every
20 parking spaces. All areas between the parking area and the building
shall be landscaped with trees, shrubs and ground cover. Any plantings
which do not live shall be replaced within two years or two growing
seasons. A majority of the parking areas shall be obscured from streets
by buildings, landscaped berms, natural ground elevations or plantings,
singularly or in combination. All landscaping in parking and loading
areas shall also meet the objectives of this landscaping section of
this chapter.

The Master Plan for Cinnaminson Township adopted February
22, 1983, proposed the designation of certain sites for senior citizen
townhouses. This recommendation was based on a study of census data
indicating a marked trend toward a greater proportion of elderly in
the age bracket of 55 to 64. An intent and purpose of the Municipal
Land Use Law is to encourage senior citizen community housing construction,
pursuant to N.J.S.A. 40:55D-21.

The purpose of this chapter is to provide suitable
housing opportunities for those individuals whose children have grown
and whose existing housing has become too large or burdensome, and
who wish to remain in the Township.

It is recognized that while senior citizen townhouse
use is necessary to serve the needs of this class of the Township's
residents, indiscriminate Township development could become inimical
to the public health, safety and general welfare if such development
were to be permitted to be established without due regard for existing
conditions and the character of the area surrounding the proposed
townhouse development. Therefore, senior citizen townhouses are permitted
as a conditional use when approved by the Planning Board in accordance
with the requirements of this chapter.

A one- or two-story dwelling unit in a combination of at
least three such attached dwelling units and each unit separated by
a common wall, such units restricted for use by senior citizens in
accordance with the provisions of this chapter.

Age and occupancy requirements. Use and occupancy
of the dwelling units are restricted to individuals or families where
at least one permanent household resident is 55 years of age or older,
and total occupancy is limited to three persons with none under the
age of 18.

Proposed master deed or deeds recording the permanent covenants and restrictions upon the property for use and occupancy by senior citizens as specified in Subsection A above, said covenants and restrictions to run with the land and be binding upon all subsequent purchasers, transferees, assignees or devisees of the property.

Open spaces. In the event that open spaces, as defined
in N.J.S.A. 40:55D-5, are created by the developer, the developer
shall establish an open space organization, as defined by N.J.S.A.
40:55D-43, and the developer shall comply with the standards and requirements
set forth in N.J.S.A. 40:55D-43.

Commonly owned land and improvements. All commonly
owned land or improvements shall be owned in fee and maintained by
a homeowners' association, corporation, open space organization, condominium
association or the like.

The maximum impervious cover shall be 50% of the total
tract area proposed for development. Impervious cover shall include
area covered by buildings, streets, parking lots, sidewalks, tennis
courts and the like.

Each development shall have a compatible architectural
theme throughout and shall incorporate sufficient landscaping techniques
and building orientation to the site and to other structures to incorporate
a compatible and aesthetic appearance. Individual dwelling unit design,
such as varying unit widths, staggered unit setbacks and alternate
rooflines and building heights, with changing types of windows, shutters,
doors and orientation of the facade, shall be encouraged within the
overall sense of the design continuity.

Where row-house-type design is used, a front facade
of the townhouse structure shall not continue on the same plane for
a distance of more than the width of two adjacent dwelling units.
Offsets shall be at least four feet. At least two units shall be separate
units with identical facades.

Accessory buildings for storage, where used, shall
have an exterior finish similar to the architectural style of the
townhouses. These buildings shall be located at the rear and be attached
to the main building.

A detailed landscaping plan shall be prepared in accordance with the requirements of § 525-110, Submission requirements and design standards for site plans. This plan should provide adequate plant material to effectively screen the development from the exterior public roads and property lines.

Fencing six feet in height shall be installed
at property lines common with off-tract adjacent properties. Trees
shall be planted along the fence line in a twenty-foot buffer strip.
Fencing shall be compatible with the adjacent area. As approved by
the Planning Board, the following fence types are permitted:

Screening of refuse containers shall be constructed
using brick or block walls on three sides and a gate. Exterior finish
of block walls shall be similar to the architectural style of the
townhouse. No refuse containers shall be installed within 25 feet
of a property line common with adjacent properties.

Parking spaces shall conform with the requirements of § 525-110, of this chapter (design standards) and should be so designed and located as to minimize their visual impact. A maximum of eight spaces shall be provided in each grouping, and the groupings shall be separated by landscaped islands of a minimum of 10 by 20 feet.

Lighting shall be low-brightness type, utilizing a
lamp source mounted totally within the fixture housing. The fixture
diffuser and/or reflector shall be mounted horizontally with the ground
surface. All lights should be operated automatically.

Improvements, on-site and off-site. The developer
shall be required to furnish performance and maintenance guaranties
in accordance with the provisions of N.J.S.A. 40:55D-53 for on-site
and off-site improvements required by the Planning Board as a condition
of approval.

Application to Planning Board. An application for
a senior citizen townhouse conditional use approval shall be to the
Planning Board, unless required to be heard by the Zoning Board of
Adjustment, pursuant to N.J.S.A. 40:55D-76. The Planning Board shall
grant or deny the application within 95 days of submission of a complete
application or within such further time as may be consented to by
the applicant.

Subdivision, when required. Applications for development
which involve single lot ownership require subdivision approval, and
the applicant shall comply with all the applicable provisions of the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., regarding subdivisions
and Chapter 455, Subdivision of Land, of the Code of Township of Cinnaminson.

Conflicting standards. In the event of a conflict between the standards imposed by the site plan provisions of this chapter (§§ 330-100, 330-101 and 525-110) and Chapter 455, Subdivision of Land (where applicable),[1] the stricter standards shall apply, unless the Planning
Board shall determine otherwise.

An initial escrow deposit of as set forth in Chapter 265, Fees, for professional review fees is required when the application is filed. In the event that the applicant's escrow account balance falls below the amount set forth in Chapter 265, it shall be replenished by the applicant to the balance as set forth in Chapter 265. Any unexpended portion of the escrow will be returned to the applicant.

Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing, whether located within or without the municipality in
which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his agent in charge of the property or by mailing a copy
thereof by certified mail to the property owner at his address as
shown on said current tax duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.

Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the clerk
of such municipality.

Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.

All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.

Form of notice. All notices required to be given pursuant
to the terms of this chapter shall state the date, time and place
of the hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.

Truck and busing terminals and transshipment
facilities. For purposes of herein, "trucking and busing terminals
and transportation facilities" shall be defined as those businesses
or uses whose primary activity is directed to the transportation of
goods, wares, merchandise or people and the consolidation, shipment,
transshipment or transport of the same but shall not be construed
to prohibit business or uses engaged in the commerce, transportation
or loading of goods, wares or merchandise manufactured or sold on
the premises. Notwithstanding the foregoing, trucking and busing terminals
and transshipment facilities shall not be deemed to include facilities
whose primary activity is the production, assembly, handling, packaging,
storage and/or distribution of goods, wares and/or merchandise. Such
activities and facilities shall be considered permitted uses within
this zone.

The uses permitted by this chapter in the IND Industrial Districts exclude all uses of such nature as to cause smoke, odors, fumes, gases, dust or powdered waste of any kind to be emitted into the air outside the building or buildings on the lot or of such nature as to cause vibrations or noises likely to disturb persons on adjacent or nearby lots. The area of any lot used for a commercial or industrial purpose and not occupied by buildings shall at all times be kept free from weeds, brush and undergrowth and generally shall be cared for by the owner or occupant of the premises so that such open area shall not become a nuisance or present an unsightly appearance. All applications for zoning permits and certificates of conformity with respect to any of the permitted uses under § 525-81 of this chapter (except dwelling uses) shall be made to the Zoning Officer of the Township, who shall have exclusive authority in the matter of the issue of zoning permits and certificates of conformity pertaining to such uses; subject, however, to such rights of appeal and review as are or may be provided by law.

There shall be two side yards on the lot, neither
of which shall be less than 25 feet in width, except that when the
industrial area abuts a residential area, the side yard shall be 50
feet, except where a street intervenes.

For industrial or commercial buildings: No building
or structure for any industrial or commercial use shall exceed 45
feet in height; provided, however, that auxiliary structures, the
use of which is incidental to the permitted industrial or commercial
use, may extend to greater height with the prior approval of the Board
of Adjustment.

For dwelling structures: No building used for residence
purposes shall exceed 35 feet in height, provided that such limit
may be exceeded by one foot for each six feet by which the aggregate
width of the side yards is increased beyond the minimum side yard
requirements, up to a maximum height of 45 feet.[1]

In all IND Industrial Districts, the design requirements shall be followed and off-street parking and loading spaces shall be provided in accordance with the requirements of § 525-110. In addition to the general design, parking and loading requirements of § 525-110, the following requirements shall also apply. In the event of a conflict between the standards below and § 525-110, the more restrictive provision shall govern.

All permitted fences shall be positioned with the finished side
of the fence facing the adjacent property. Except as may be permitted
for agricultural or special security uses as determined by the Planning
Board, no fence shall be electrified, erected of barbed wire, topped
with metal spikes, nor constructed of any material that would be dangerous
to persons or animals. Notwithstanding the foregoing, a fence topped
with barbed wire or metal spikes facing inward toward the subject
property may be permitted where the applicant demonstrates a bona
fide security justification for such a feature to the satisfaction
of the reviewing Board. Where such a fence is permitted, the barbed
wire shall be attached atop a fence with a minimum height of six feet.

Solid fences are more appropriately used adjacent to or attached
to a building as architectural extensions, and consideration should
be given to coordination with the lines, material and color of the
related building. A fence shall be regarded as solid if less than
50% of vertical surface area is open.

Metal fences, when used to enclose electrical supply stations
having energized electrical conductors or equipment, shall be effectively
grounded. Fences surrounding such enclosures shall be not less than
seven or more than nine feet high and shall be constructed in a manner
designed to present barriers to climbing or other unauthorized entry.

No fence, wall or other structure shall be erected in a location
or manner that would cause obstruction of traffic sight distances,
whether at entrances or at interior intersections of vehicular circulation.

Except as otherwise specifically permitted, no fence or wall
shall be less than six nor more than nine feet in height. Notwithstanding
this provision, a retaining wall necessary to the proper design and
utilization of the property may exceed this height. Retaining walls
shall be designed in accordance with applicable engineering standards
for strength, seismic resilience, location, drainage, soil type and
other conditions.

All parking areas and walkways, including loading areas, shall be adequately illuminated for safety and security purposes. The lighting plan shall provide for downward-focused, nonglare, color-corrected lighting at the intensities set forth in § 525-110. The lighting plan shall provide sufficient detail to permit an analysis of the impact of the lighting on adjacent properties, traffic, safety and sky glow. Off-premises effects of lighting shall be minimized. No light shall shine into windows of adjacent buildings or residences nor shine onto streets or driveways in a manner that will interfere with or distract from driver vision. Light intensity and shielding is specifically subject to site plan approval.

In order to minimize adverse impact on adjacent nonindustrial
properties, buffers such as fences, walls, landscaping, berms, mounds
or similar techniques shall be utilized. Buffers shall be located
along property lines and shall shield uses from each other. In addition,
specific structures such as trash bins, storage areas, loading and
unloading areas shall be screened.

Boundaries with residential zones shall provide both a visual
and aural buffer between the commercial or industrial use and the
residential zone. Buffers along infill or preexisting residential
development within the Industrial Zone shall be by means of a solid
or louvered fence not less than seven feet in height. Buffers along
zone boundary lines shall be not less than 25 feet in width and shall
contain a mixture of buffering devices.

Landscaping shall consider climate conditions and be designed
to minimize the need for irrigation or maintenance. The design shall
consider susceptibility to disease, colors, seasons, temperatures,
shapes, soil condition and foliage. Zeroscaping and xeriscaping techniques
are encouraged.

The ultimate size of planted landscaping shall be considered
in choosing locations. Particular attention should be given to varieties
that may grow to intrude on sight triangles or block the view of signage
or required lighting.

At least 5% of parking lot areas shall be landscaped. Such landscaping
shall be low growing or of sufficient height before the onset of foliage
to allow drivers to have a clear view. The landscaping shall be located
in protected areas along walkways, center islands and at the end of
parking or loading bays.

No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining property
or dwelling units.

No materials or wastes shall be deposited upon a lot in such
a form or manner that they may be transported off the lot by natural
causes, nor shall any substance be deposited in a manner which may
lead to contamination of an adjacent property, pond, watercourse,
body of water or an underground aquifer or render such a pond, watercourse,
body of water or aquifer unfit or undesirable as a source of water
or recreation or which may be harmful to aquatic life. All materials
or wastes which may cause fumes or dust or which may constitute a
fire hazard shall be stored in enclosures or indoors in appropriate
containers adequate to eliminate such hazards. All edible materials
or materials which may be attractive to children, pets, rodents or
insects shall likewise be stored in enclosures adequate to eliminate
such hazards. With respect to all waste, each property owner, tenant
and business shall: a) assume full responsibility for collection and
removal of such refuse; b) comply with applicable provisions of environmental
protection laws, including open burning and incineration regulations;
c) comply with all provisions of applicable state, county and local
sanitary and health codes; and d) permit no accumulation on the property
of any waste, junk or debris.

Ingress and egress drives, loading and unloading areas and interior
connecting routes shall be constructed to standards designed for the
largest and heaviest vehicles using the loading and unloading facilities.
Minimum paving requirements for such areas on standard soils shall
be not less than five inches of compacted base course consisting of
three-quarter-inch, quarry-processed stone and a minimum of two inches
of compacted wearing surface of bituminous concrete (FABC) in accordance
with New Jersey State highway specifications and any amendments thereto
or as determined by the Township Engineer or Planning Board Engineer.
Appropriate recycled materials may be substituted. Where subbase conditions
warrant (such as wet or springy areas) the subbase shall be treated
as determined by the Planning or Zoning Board Engineer.

In order to properly assess the paving design required, all
applications shall include information regarding the number and nature
of vehicles anticipated to be utilizing loading docks, the frequency
of trips and the loaded and unloaded weight of such vehicles.

In general, the number of loading docks for industrial and wholesale
operations with a gross floor area greater than 10,000 square feet
shall be one loading dock per 50,000 square feet of gross floor area.
The number of loading docks required may be adjusted based upon actual
use projections. In such case, the number of loading docks shall be
the number necessary to permit simultaneous loading or unloading without
stacking of vehicles at the peak usage period unless supplementary
truck parking sufficient to accommodate stacking is provided. Vehicles
in the process of or waiting to load and unload shall comply with
all applicable regulations regarding idling, noise and emissions.

The number of parking spaces shall be as set forth in § 525-110. If the proposed use is not listed, the number of required parking spaces shall be calculated by considering: a) the number of persons to be employed in the facility during the peak shift; b) the number of persons in addition to employees expected to visit or patronize the building use; and c) anticipated modes of transportation to and from the site.

Purpose.
The purpose of this section shall be to provide rules, regulations
and standards for the permitting of uses within the Route 73 area
in the Township of Cinnaminson in order to promote the public health,
safety, convenience and general welfare of the municipality. It shall
be administered to ensure the orderly growth of development, the conservation,
protection, and proper use of land and adequate provision for circulation,
utilities and services within the district.

Public
garage, truck and automobile repair and body shop, motor vehicle service
station, car wash or other establishment where motor fuel, lubricating
oils or motor accessories are stored or motor services are rendered,
except that no public garage, automobile repair shop, motor vehicle
service station, car wash or other similar establishment where motor
fuel, lubricating oils, or motor accessories are stored, or motor
services are rendered, shall be located within 300 feet of any property
upon which a place of public assembly seating over 50 persons is located.
Said distances shall be measured on a straight line or air line from
the outer boundary or property line of the lot containing the proposed
use to the outer boundary or property line of the lot containing a
place of public assembly seating over 50 persons. No outdoor storage
in connection with any of the uses mentioned in this subsection shall
be permitted, except that the outdoor storage of small utility trailers
which can be attached to motor vehicles and which have a load limit
not in excess of 2,000 pounds, commonly known as "U-haul-it trailers,"
shall be permitted at service stations. (All motor vehicle repairs
must be performed within an enclosed building.)

Public utilities, provided that the proposed use in a specific location
is necessary for the efficiency of the public utility; that the design
of any building in connection with such facility shall conform to
the general character of the area and will in no way adversely affect
the safe and comfortable enjoyment of property rights adjoining property
or within the neighborhood; that adequate and attractive fences and
other safety devices shall be provided and sufficient landscaping,
including shrubs, trees and lawns, shall be provided and will be periodically
maintained by the public utility; and that all other requirements
and specifications for the zone district in which such use is located
will be met and observed.

Accessory
uses or structures; signs: accessory uses or structures on the same
lot with and customarily incidental to the main permitted use or structure
located on the lot. The term "accessory use or structure," as used
within this section, shall include and permit:

Any of the following accessory signs, provided that no sign shall
be placed in such a position that it will cause danger to traffic
on a road or street by obscuring the view, and provided that no sign
shall be of the flashing type:

A sign advertising the sale or rental of premises and a sign bearing
the word "sold" or "rented" and the name and address of the person
effecting the sale or rental, provided that such sign may be erected
only on the premises to which it relates and that the size of any
such sign shall not exceed one square foot for each 10 feet of lot
frontage, with a maximum of 32 square feet, but no such sign need
be less than six square feet.

A sign indicating land in the process of development and showing
the name of the owner, developer, builder or agent, provided that
the size of any such sign shall not exceed 32 square feet and that
not more than one such sign shall be erected on each 200 feet of street
frontage.

A sign of a mechanic, but only during the period of time that such
person is performing work on the premises, provided that such sign
shall be erected only on the lot where the work is being performed
and that the size of any such sign shall not exceed 12 square feet
and that such sign shall be removed promptly upon completion of the
work.

A sign exhibiting the name given to the property by the owner or
occupant or relating to trespassing on the premises or indicating
the private nature of a road or driveway, provided that the size of
any such sign shall not exceed two square feet.

A sign advertising a permitted accessory use, provided that the size
of any such sign shall not exceed two square feet and that such sign
shall be erected only on the lot where such accessory use exists.

Any
principal building may contain more than one use and/or organization.
Any lot may contain more than one principal building structure, provided
that each principal structure is located in a manner which will allow
the possibility of subdividing the lot in a manner that each structure
and resulting lot would conform to the zoning and subdivision regulations,
including frontage on a public street.

At
least the first 15 feet adjacent to any street right-of-way line and
10 feet adjacent to any lot line shall not be used for parking and
shall be planted and maintained as lawn area, ground cover, or landscaped
with evergreen shrubbery, and separated from the parking area by poured
concrete or Belgian block curbing.

No
merchandise, products, shipping crates, pallets, waste or similar
material or objects shall be displayed or stored outside, unless said
materials are within an enclosure, approved by the appropriate review
board, and awaiting disposal.

On
a lot with multiple buildings, all buildings shall be compatibly designed,
whether constructed all at one time or in stages over a period of
time. All building walls facing any street, or residential district
or use, shall be suitably finished for aesthetic purposes, which shall
not include unpainted or painted cinder block and/or masonry walls.

All
portions of the property not utilized by building or paved surfaces
shall be landscaped, utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting, as well as assuring that the capacity of any natural
or man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.

Each residential flat shall contain either one
or two bedrooms and shall be no less than 750 square feet in size
for a one-bedroom dwelling unit and 900 square feet in size for a
two-bedroom dwelling unit.

Warehousing, storage and distribution facilities when
located on the same premises as and in connection with permitted office
uses; provided, however, that such facilities shall not exceed 50%
of the total gross floor area of the structure(s).

Multifamily housing with a percentage of the units
set aside for low- and moderate-income qualified households in accordance
with the following conditions: Multifamily housing shall only be permitted
if approved central sanitary sewerage and water facilities are available.

Projects in excess of 160 units on more than 50 contiguous acres. The gross density for multifamily units constructed on 50 contiguous acres or more shall not exceed six units per developable acre in accordance with the definition of "developable acre" in § 455-5 of the Township Code. Twenty percent of such multifamily units, or the maximum required by the State of New Jersey, shall be allocated for sale to low- and/or moderate-income households in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 and Chapter 145, Affordable Housing. For purposes herein, "contiguous land(s)" is intended to mean land(s) and/or parcels of land which are contiguous or adjacent, but need not be in the same Tax Map block and lot and which are owned and/or controlled by a single entity intending to develop an inclusionary development, including but not limited to parcels which are divided by a road or highway.

Projects containing less than 160 units on less
than 50 contiguous acres. The gross density for an inclusionary multifamily
development on less than 50 contiguous acres may exceed six units
per developable acre if more than 50% of the property, including wetlands,
is to remain as permanent open space. In no event, however, shall
the overall gross density exceed 160 dwelling units. Upon approval
of the Planning Board, the developer set aside requirement for low-
and moderate-income housing may be reduced from 20% to no less than
15% for projects that contain 160 units or less. In no event, however,
shall the overall gross density, inclusive of developable and undevelopable
lands, exceed 3.35 units per gross acre or have a low- and moderate-income
housing set aside of less than 15%. The division between those units
set aside shall be as follows:

To maximize the potential for design and open space,
zero lot lines are permissible in side and rear yards, except that
at least one side setback must equal 15 feet to provide access for
emergency safety equipment and personnel, and the distance between
buildings must be 20 feet.

Height requirements. No structure of any kind, except
signs as otherwise provided, shall exceed 35 feet in height, but in
no case shall a structure contain more than two stories unless the
first story is utilized for parking, then in no case shall a structure
contain more than 45 feet in height and no more than three stories.

Buffer areas shall be provided between all nonresidential
land uses in the MC Districts and residential land use or residential
zone districts. Buffer areas shall be a minimum of 15 feet wide. Buffer
areas shall be designed, planted, graded and landscaped to provide
an aesthetically pleasing separation of uses in accordance with buffer
standards established for the R-2CL Districts.

No sign (except an unlighted sign for lease, sale
or rent of property and not exceeding 12 square feet in area; traffic
and other regulatory signs, legal notices and the like) shall be placed
without review and permit.

Temporary announcement signs, including contractor's
signs on construction sites, not to exceed 32 square feet in area
indicating the name of the persons associated with or events conducted
upon the premises.

Business signs. Signs indicating the names of the
businesses or services operating on the premises are permitted, provided
that the total of such signs shall not exceed one square foot in total
area for each linear foot of the greatest dimension of the structure
up to a maximum of 100 square feet per principal structure.

Sale or rental signs. Signs advertising that the premises
are for lease, sale or rent are permitted, provided that each real
estate firm shall be limited to one such sign not to exceed 12 square
feet in area on each lot or parcel of property for which such firm
has a bona fide listing and that such sign shall be removed from the
premises within 10 days subsequent to the leasing, sale or rental
of such premises.

Development signs. One company sign not to exceed
50 square feet in area may be affixed to each lot or parcel of property
to designate that such property is to be occupied at a future date
by the business or use designated.

All buildings shall be compatibly designed, whether
constructed all at one time or in stages over a period of time. All
building walls facing any street or residential district line shall
be suitably finished for aesthetic purposes, which shall not include
unpainted or painted cinder block or concrete block walls.

All portions of the property not utilized by buildings
or paved surfaces shall be landscaped utilizing combinations such
as landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and less individual impact
of the structures and paved areas.

The developer or property owner shall provide the
maximum amount of highly improved public access, because commercial
land uses are capable of exposing large numbers of people to the waterfront
and benefit the most from well-designed and improved public access
areas.

The developer or property owner shall provide the
maximum amount of waterfront access, unless the overall project design
would be improved by reverse orientation inland, and shall provide
for continuous access through the site and provide public areas that
are large enough so as not to interfere with commercial operations.

The developer or property owner shall take advantage
of the waterfront setting by relating the development to the waterfront
and shall locate uses that do not relate to the waterfront well back
from the shoreline to minimize adverse impacts.

The developer or property owner shall provide public
access improvements, such as parking, paved walkways, benches, kiosks,
trash containers, landscaping, lighting, rest rooms and drinking fountains
where the cost of the improvements are reasonably related to the private
benefits of the shoreline use.

The developer or property owner shall create variety
and public access experience by providing pedestrians spaces or nodes,
especially in marina projects which are often linear in nature, and
shall provide public access for fishing on piers and breakwaters.

The developer or property owner shall set uses that
do not relate to the waterfront, including offices and parking, well
back from the shoreline and shall provide maximum access along the
shoreline and screen the shoreline from incompatible uses.

The site should have a total flushing time of less
than four days. Two or less is preferred. Sites located in dead-end
finger channels shall be carefully scrutinized to ensure acceptable
flushing rates.

To minimize the impact on the photic zone, dock and
pier widths should be minimized. In addition, the structures should
stand as high above mean high water as possible and should be oriented
north-south to the maximum extent practicable.

The marina shall provide, as a minimum, one pumpout
station (fixed or portable) for every 20 slips. Marinas which allow
occupation of berthed vessels for a period of 72 hours or more shall
provide slip-side pumpout facilities. Pumpout facilities shall be
designed with holding tanks in order to prevent inputs into both septic
and sanitary waste systems. (MSD disinfectants disrupt the functioning
of these systems.)

Large marina, over 80 boats. Add one urinal
per 30 boats (men), one toilet stall per 60 boats (men), one toilet
stall per 30 boats (women), one washbasin per 60 boats and one shower
stall per 60 boats.

For safety, comfort and to avoid interference
with commercial boating activities, marinas shall be designed such
that wave heights do not exceed two to four feet in the entrance channel
and one to 1.5 feet in the berthing area. Such a design will assume
four-foot external wave conditions.

Pumpout facilities shall be designed to store the
effluent until a certified hauler can remove it; disposal antiseptic
systems or municipal sanitary sewer lines can disrupt the water purification
process due to the disinfectants used in conjunction with MSDs.

The marina shall have available adequate floating
containment booms and sorbent materials in the event of hydrocarbon
spills. Employees shall be trained in the deployment and proper usage
of such equipment.

The density for multifamily housing is six units per
adjusted gross acre as defined for "density" in § 455-5.
A bonus density credit for multifamily housing of up to 50% of undevelopable
wetlands on the site may be permitted for public access on-site or
off-site in accordance with a Township open space and waterfront public
access plan.

Buffer areas shall be provided between all residential
land uses and nonresidential land use or nonresidential zone districts.
Buffer areas shall be a minimum of 15 feet wide in the MC Districts,
half of which may count as required yard setbacks. Buffer areas shall
be increased to 25 feet for residential land use adjacent to Broad
Street. Buffer shall be designed, planted, graded and landscaped to
provide an aesthetically pleasing separation of uses. In meeting this
standard, the applicant may employ one or more of the following:

If, in the judgment of the approving authority, any
of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the development plan to be modified to show the extension
of the buffer area, require that the proposed alternatives be landscaped
differently or be relocated until, in the approving authority's judgment,
they provide the desired buffeting effect.

Buffer material and natural foliage. All buffer areas
shall be planted and maintained with either grass or ground cover,
together with a screen of live shrubs or scattered planting of live
trees, shrubs or other plant material. The preservation of all natural
wooded tracts shall be an integral part of all development plans and
may be calculated as part of the required buffer area, provided that
the growth is of a density and the area has sufficient width to serve
the purpose of a buffer. Additional plantings may be required by the
approving authority to establish an appropriate tone for an effective
buffer.

Screening shall be provided with buffer strips or
as required elsewhere in this chapter so as to provide a year round
view or partial acoustical barrier to conceal the view or sounds of
various utilitarian operations and uses from the street or adjacent
properties.

All plants for screening shall be of a species common
to the area, be of balled and burlapped nursery stock and be free
of insects and disease. Plants which do not live shall be replaced
within two years or two growing seasons. Buffered screen plantings
shall be broken at points of vehicular and pedestrian ingress and
egress to assure a clear sight triangle at all street and driveway
intersections.

Solid fencing: a solid fencing, uniformly painted
or of a natural durable material such as cedar, cypress or redwood,
not more than seven feet above ground level and open to the ground
to a height of not more than four inches above ground level.

Low-type shrubbery screening may be used in
and around parking areas, roadway or accessways where sight distances
for vehicular and pedestrian traffic are a prime consideration. Shrubbery
shall be a minimum of three feet high when planted and be of such
density as will obscure, throughout the full course of the year, the
glare of automobile headlights emitted from the premises.

Trees. Trees for screening shall be evergreens
having a minimum height of eight feet above the ground when planted.
Trees shall be placed five feet on centers in a single row, or five
feet on centers in two or more staggered rows with a five-foot separation
between rows. Evergreens may be supplemented with deciduous trees
having a minimum eight-foot height at time of planting with a minimum
caliper of 1 1/2 inches.

The development plan should be broken into visually
small groupings such as quadrangles, clusters and courts. Devices
to slow speed and reduce the size of each visual grouping, such as
garden walls and gates, reduction in setbacks of facing buildings
and variable landscape layout, are encouraged.

Each detached dwelling unit and combined multiple
dwelling complex of dwelling units shall have a compatible architectural
theme with variations in design to provide attractiveness to the development,
which shall include consideration of landscaping techniques, building
orientation to the site and to other structures, topography, natural
features, including the waterfront and individual dwelling unit design,
such as varying unit widths staggering unit setbacks providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination of each dwelling unit.

Multifamily dwelling units should be grouped in clusters.
Private parking areas should be located near dwelling unit entrances.
Any outdoor living areas or patios should adjoin open space or paths
leading to open space. Dwelling units should not front on a through
street. Screening of such outdoor living areas may be accomplished
with plant materials, masonry structures or wood fencing. Architectural
elements such as masonry walls and fences shall be compatible in both
style and materials with the dwelling unit of which it is part.

For multifamily dwelling units there shall be provided
at least one outdoor refuse storage area of at least 100 square feet
for each 20 dwelling units. The refuse storage area shall be suitably
located and arranged for access and ease of collection and shall not
be part of, restrict or occupy any parking aisle and shall not be
located further than 300 feet from the entrance to any multifamily
unit which it is intended to serve and shall be screened.

Where common garage structures are considered, they
shall be provided in clusters housing no more than four cars. They
should be located so as to provide as short a walk as practicable
to the principal residence.

Enclosed private garages that may be readily transformed
into livable areas may be counted as 1/2 of an off-street parking
space. Driveways, carports or other partially enclosed parking areas
may be counted as one off-street space for each.

Communities or parts thereof that generate fewer than
1,000 average daily trips (ADT), as calculated through the use of
the chart below, may be accessed through a residential street type
defined as a "parking loop." Such streets shall be private streets
with perpendicular parking and shall be geometrically designed to
discourage speeds in excess of 25 miles per hour. Cartway width shall
be a minimum of 24 feet, and parking spaces shall be a minimum of
nine feet by 18 feet. Tangents shall not be required between reverse
curves due to the low design speed.

Open space areas resulting from development in the
MC Districts shall weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas. The configuration of the open space areas
should be arranged so that connections can be made to existing or
future adjacent open spaces and other community facilities.

The developer may be required to plant trees or other
similar landscaping improvements. Said improvements may include removal
of dead or diseased growth, thinning of trees or other growth to encourage
more desirable growth, removal of trees in areas planned for active
recreational facilities, grading and seeding and improvements or protection
of the natural drainage system by the use of protective structures,
stabilization measures and similar improvements.

Portions of the open space should be developed to
afford both passive and active recreational opportunities. Passive
recreational activities may include but are not limited to pedestrian
paths, sitting areas and naturally preserved areas. Active recreational
areas may include but are not limited to such facilities as swimming
pools, tennis courts, bicycle paths and playfields but should be carefully
located to avoid problems of noise, lights and similar nuisance elements
affecting residential units. They shall be located not less than 50
feet from any boundary line, exclusive of buffers.

The land to be set aside may be offered to the Township
Committee for acceptance. Land offered for dedication but not accepted
by the Township Committee may be transferred to a homeowners' association
or similar organization in accordance with N.J.S.A. 40:55D-43.

Any open space offered to the Township Committee shall
be subject to review by the Planning Board, which shall be guided
by the Master Plan, the ability to assemble and relate such lands
to an overall plan, the accessibility and potential utility of such
lands and such existing features as topography, soils, wetlands and
tree cover, as these features may enhance or detract from the intended
use of the lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of accepting
any lands to be offered.

All residential buildings shall be oriented to the
tract and other buildings so as to preserve open vistas to the Delaware
River to take advantage of the waterfront setting, to the maximum
extent feasible, by clustering with orientation of the project to
the waterfront and otherwise providing the residents and public with
remainders of the proximity of the waterfront.

Subject to the jurisdictional requirements of other
governmental agencies, the project should be developed with all-weather
paths, landscaping and other improvements that are appropriate for
the anticipated demand, size and location of the project. The public
access system should provide continuous access along the shoreline,
with connection to other public areas or streets. Public parking should
be provided if none exists in the area.

The following uses subject to the specifications
and standards set forth below are hereby permitted, subject to approval
by the Planning Board, or the Zoning Board of Adjustment where provided
by law, as conditional uses:

A "fast-food/drive-through" restaurant is hereby defined
as a commercial establishment where food and drink are prepared on
the premises for consumption within the restaurant, in the purchaser's
vehicle or off the premises. Any restaurant established with a drive-through
window shall be considered a fast-food/drive-through restaurant.

A traffic impact study prepared by a licensed professional
engineer shall be submitted by an applicant for a proposed fast-food/drive-through
restaurant or a conversion of an existing facility into a fast-food/drive-through
restaurant. The traffic impact study shall include, but not be limited
to, estimates of the amount of vehicles to be utilizing the drive-through
facility and the impact of the same on traffic patterns on the abutting
highway and/or road, whichever the case may be.

Adequate vehicle stacking space shall be provided
throughout the drive through aisle. As a minimum, five vehicle spaces
shall be provided between the drive through pickup window and the
menu board, and an additional five vehicle spaces shall be provided
approaching the menu board.

Vehicle stacking areas shall in no way interfere
with vehicle or pedestrian circulation patterns. The drive-through
aisles shall be physically separated from the remainder of site traffic
and shall be compatible with the orientation of traffic flow within
the site.

All access to and from fast food/drive-through facilities shall
be via major state or county highways or local public streets or other
minor roadways not located in residential zones. No access shall be
permitted from minor residential streets or other minor roadways in
residential zones.

A minimum setback/buffer of 20 feet shall be provided along the property line on the side of the building with the drive-through/pickup window. The buffer shall be heavily planted with appropriate evergreen trees and shrubs to provide a visual and noise barrier between the drive-through restaurant and adjacent properties. The buffer distance shall be measured from the property line to the nearest edge of paving of the drive-through or escape aisle. This buffer may be waived by the Planning Board where a hardship due to site constraints is evident. However, a suitable fence and extra plantings shall be provided to compensate for the loss of the buffer area. This requirement shall be used in conjunction with the requirements contained in § 525-67, which addresses lots abutting residential zones.

Fast food/drive-through structures, including a drive-through order
podium or similar device, but not including fences or other screening,
shall not be developed within 100 feet of any residential structure.
In the event such a facility is developed between 100 and 200 feet
of any residential structure, landscape buffering and a solid barrier
shall be provided at the property line closest to the residential
structure designed to mitigate visual and aural impacts to the residential
dwelling. The barrier shall be consistent with site architecture and
given a pleasing aesthetic design. The applicant shall provide a noise
study demonstrating that the noise emanating from the site of the
facility will be at all times in compliance with New Jersey Department
of Environmental Protection noise regulations.

Design
standards for golf course/club/country club. All of these standards
may not be achievable on every site plan; for this reason, each application
shall be carefully considered on its merits and waivers may be granted
where appropriate.

The
design, operation and maintenance of a golf course shall be governed
by the USGA's Environmental Principles for Golf Courses in the United
States. The golf course shall be designed so as to be eligible to
receive a USGA course rating and slope rating as defined in the USGA
Handicap System. Putting greens shall be constructed following the
USGA's Recommendation for a Method of Putting Green Construction or
by another method approved by the Land Use Board.

A golf course is required to provide at least two safe and efficient
access and egress points from one or more public roads. One of the
two accesses may be provided only for emergency access. The two means
of access and egress shall be connected internally, and the curb cuts
shall be spaced at least 200 feet apart. A golf course should be located
in reasonable proximity to a county road.

Deed
restrictions. Site plans shall be required to provide appropriate
deed restrictions. The legal instrument shall be drafted in general
accordance with the recommendations and language contained in Appendix
4 of this chapter.[1]

The intent of lighting is to ensure that it contributes to the character
and safety of the site and its use without disturbing adjacent development.
Lighting shall be provided within parking lots and along pedestrian
walkways. Lighting fixtures shall be limited to heights of 24 feet
for parking lots and 16 feet for pedestrian walkways. All lighting
shall be shielded from producing off-site glare, either through exterior
shields or through optical design inside the fixture, so that the
direction of the light is downward. Light fixtures attached to the
exterior of a building shall be designed to be architecturally compatible
with the style, materials, colors and details of such building and
other lighting fixtures used on the site. Consideration shall also
be given to the type of light source utilized and the light quality
such produces. Neon facade signs are prohibited. The type of light
source used on buildings, signs, parking areas, pedestrian walkways
and other areas of a site shall be the same or compatible. The use
of low-pressure sodium or mercury vapor lighting either attached to
buildings or to light the exterior of buildings shall be prohibited.

Any other outdoor lighting such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting shall be shown on the lighting plan in sufficient detail
to allow a determination of the effects upon adjacent properties,
traffic safety and overhead sky glow. The objectives of these specifications
are to minimize undesirable off-premises effects.

No light shall shine into building windows, or onto streets and driveways
so as to interfere with or distract driver vision. To achieve these
requirements, the intensity of such light sources, the light shielding
and similar characteristics shall be subject to site plan approval.
Wall-mounted fixtures are only permitted if directed into a site and
not positioned towards neighboring properties or public streets.

Concrete engineered structures. In any development, some engineered
structures are necessary for access and drainage. In order to accommodate
the installation of infrastructure while reducing its impact, the
following standards shall apply:

The use of dyed and textured concrete as well as the use of other
natural materials is required to minimize the visual impact of these
structures. Such concrete shall be of natural earth colors in the
range of grays to browns.

One illuminated sign not exceeding 18 square feet shall be permitted;
except that illuminated directional and traffic signs are permitted
within the golf course, provided that they are screened from the road
and residential properties and not greater than two square feet.

There shall be four parking spaces per hole and five spaces per 1,000
square feet of gross floor area. All parking spaces can be satisfied
using grass paver blocks or similar semi-impervious building material.
Parking areas shall be screened from view of all residential property
and roads.

All interior roads and travel lanes shall be designed so as not to
create a dust nuisance onto adjacent property. The Planning Board
may require interior roads and travel lanes to be paved to prevent
dust nuisances on adjacent properties.

Assurances shall be provided that any adverse impacts on groundwater
or surface water quality resulting from the golf course will be mitigated
by the owner. The applicant shall provide for the monitoring of water
quality of the groundwater and surface water resources associated
with the golf course. The monitoring program, including the timing
and frequency of testing and the identification of chemical parameters
to be tested, shall be established by the approving authority at the
time the integrated turf management plan and integrated pesticide
and pest management plan are approved as part of the conditional use
application. The monitoring program shall be consistent with the guidelines
established for monitoring plans by the New Jersey Department of Environmental
Protection (NJDEP), Bureau of Water Quality Analysis. The results
and finding of any water quality monitoring shall be submitted by
the owner to the Township for monitoring purposes.

The golf course shall make provisions for the travel and habitation
of wildlife and shall provide for wildlife corridors and other wildlife
utilization as may be accommodated by the site. Where appropriate
wildlife habitat exists, the golf course shall be encouraged to register
with the Audubon Cooperative Sanctuary Program.

Any nonconforming use or structure existing
on the effective date of this chapter may be continued upon the lot
or in the building so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof.[1]

With the approval of the Board of Adjustment
and subject to such conditions as it may impose, a building for a
permitted use may be erected on a lot which, by reason of its limited
area, odd or irregular shape or other exceptional characteristics,
could not be used as a site for the proposed building in strict conformity
with the restrictions and regulations established by this chapter;
provided, however, that such exceptional characteristics were in existence
on the date when this chapter went into effect.

No lot on which a building is located, whether
erected before or after the effective date of this chapter, shall
be reduced in area, or the boundaries thereof changed, so that the
premises thereafter would not comply with the area restrictions and
regulations established by this chapter.

Every accessory building, except an accessory
building constructed as an integral part of a main building, shall
be located on the lot to the rear of the front line or extended front
line of the main building, and no accessory building shall be located
in or encroach upon any required yard, except that a detached accessory
building may be located on the rear yard of the lot but not within
three feet of any property line, and except that a detached common
or joint garage may be erected on adjoining lots. No accessory building
shall be located in any required side yard.

A zoning permit shall be required for garden-type
utility sheds and similar accessory structures, which are 100 square
feet or less in area, 10 feet or less in height and accessory to residential
uses.

An apparatus, such as a parabolic dish, which is designed
for the purpose of receiving satellite television, radio, microwave,
antenna or similar signals. This does not include the traditional
and conventional television antennas.

Accessory buildings. All satellite antennas shall
be deemed accessory buildings as said term is defined in the development
regulations of the Township of Cinnaminson and shall be subject to
all regulations set forth in said development regulations governing
the location of accessory buildings. Every satellite antenna shall
be screened with evergreens having an initial height of five feet
and having a vertical growth pattern and planted on all sides, at
a maximum of five-foot intervals. A satellite antenna is not permitted
in the front yard or side yard of any principal structure as defined
in this chapter. No lot may contain more than one satellite antenna.
No satellite antenna may exceed 12 feet in height, said height to
be measured from the ground to the top of the satellite antenna. No
satellite antenna shall be placed on a roof. While satellite antennas
are permitted to be located in a rear yard, no part of said satellite
antenna shall be located within 10 feet of the property line.

Includes not only tractor-trailers pulled or capable of being
pulled by tractors or trucks but also fully enclosed truck bodies,
whether or not self-propelled, campers and other type mobile containers
or containers intended and/or capable of being hauled, including boxcar-type
truck bodies or box-type truck-trailers.

Prohibited activity. No person shall use or locate
a trailer for the permanent or temporary storage of goods, wares or
merchandise or for use as an office or commercial or industrial purpose
on any property in the Township.

Construction trailers temporarily located on
development and construction sites while development and construction
is in progress. The location of construction trailers shall be approved
by the Planning Board or Board of Adjustment during the development's
subdivision and/or site plan review.

Penalties. Any person or corporation violating or
refusing or neglecting to comply with any provision of this section
shall, upon conviction, be subject to a fine of $100. Each day of
continued violation of this section shall constitute a separate violation.
The Township, upon authorization from the Township Committee, may
also seek injunctive or other relief in the courts of this State for
continued violation of this section in addition to the penalties described
herein.

No garage accessory to a dwelling (other than
a multiple dwelling) shall be greater than 864 square feet, with a
maximum height of 17 feet. The accessory garage shall hold no more
than three motor vehicles, one of which may be a commercial passenger
vehicle owned and used by the occupant of the main building, who may
also permit not more than two private passenger vehicles owned by
other persons to be stored in such accessory garage. Garages accessory
to multiple dwellings and other main buildings (except single-story
detached dwellings) may have such capacity for the storage of motor
vehicles as may be authorized by the Planning Board with due regard
to the nature of the main building, the reasonable need for accessory
garage facilities and the space available for the location of an accessory
garage on the lot in conformity with the requirements of this chapter.
Notwithstanding the foregoing, temporary carports, car tents, vehicle
canopies, portable garages and other similar structures used for storage
are expressly prohibited, regardless of size or construction materials
and period of use. For the purpose of this section, temporary carports,
car tents, vehicle canopies, portable garages, and structures used
for storage are any roofed structure, as defined by the Municipal
Land Use Law, whether supported with metal, aluminum, wooden, plastic
or steel construction, and regardless of the nature or composition
of the cover material, providing space for the parking of a motor
vehicle(s), and/or storage of goods and household items, whether or
not enclosed, which is not constructed or designed to be permanent
in nature.

No building shall be erected on any lot that
is not contiguous, for the distance of at least 35 feet, to a public
street, road or avenue maintained by the Township, county or state,
or contiguous to a dedicated street, road or avenue shown on a map
or plan approved by the Township Committee or the Planning Board of
said Township for filing in the office of the County Clerk and duly
filed in said office, or contiguous to a street, road or avenue which
the Board of Adjustment, upon evidence submitted to it, shall determine
to have been dedicated to the public.[1]

When, after consideration of a site plan presented
to it, the Planning Board of the Township of Cinnaminson determines
that a tract of land is to be developed as a shopping center, individual
leased premises with the shopping center shall not be included in
the definition of the word "lot" set forth in this chapter. However,
before a valid sale of any one or more of the leased premises within
the shopping center may be effected, there must be compliance with
all pertinent terms of this chapter, and the premises to be sold will
no longer be entitled to the exemption provided for leased premises
in this subsection.

A shopping center is a building composed of three
or more partitioned units, said units to be occupied for business
purposes as permitted under this chapter. These units must have a
common owner and be located in one structure, with the result that
all the units are under the same roof and have party or common walls
between immediately adjacent units and have common walkways and common
parking lots.

Notwithstanding any other provisions of this chapter
heretofore adopted, all uses permitted in the Commercial Districts
of the Township shall be permitted uses in a shopping center complex,
as defined hereinabove, when such shopping center is approved by the
Planning Board of the Township.

Any sign or signs of identity to be used by individual
stores in shopping center complexes, as defined hereinabove, must
be located and confined entirely to the facade of the building. The
identity sign or signs for any individual store may occupy a space
equivalent to two square feet for every one foot in width of the individual
store front. Any sign or signs to be erected must be placed at least
one foot from the top of the facade of the building. No signs may
be erected or placed on any part of a canopy, awning or marquee covering
the pedestrian walkway adjacent to this store.

All shopping centers shall erect a multiple occupant tenant sign listing all store and/or retail establishments occupying the premises. The size, height and location of said sign shall be in conformance with the requirements of § 525-121, but in no case shall exceed 125 square feet per side.

Notwithstanding anything contained in the foregoing
paragraphs, the definition of "shopping center" is expressly intended
to exclude operations familiarly known as "flea markets" which are
generally, though not specifically, considered to consist of utilization
of large, previous vacant buildings, such as discount stores or vacant
shopping centers for purposes of providing locations for the wholesale
or retail sale of goods to the public in which the vendors do not
enjoy long-term leases with the owners/lessors of the site, and/or
where the tenancies are generally unaccompanied by substantial investments
by the tenants in the property itself, such as "fit-ups," "shopping
amenities," and the like.

Duty to provide and maintain off-street parking
and loading facilities. No site plan shall be approved by the Cinnaminson
Township Board unless off-street parking and loading facilities are
provided in at least the amount and maintained in the manner required
by this section. Information shall be submitted pertaining to proposed
traffic activity which will substantiate the proposed number of off-street
parking and loading spaces.

Required area for each parking space. Each automobile
parking space shall not be less than 200 square feet, nor less than
10 feet wide, nor less than 20 feet deep, exclusive of aisleways.
The grade on each parking space and adjacent aisleway shall not exceed
4%.

Provision for proper drainage and maintenance. All off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties and/or public streets and shall be constructed of materials which will assure a surface resistant to erosion. (See Subsection G for design standards for paving.) Such drainage and materials shall be approved by the Board.

Separation from walkways and streets. All off-street
parking, off-street loading and service areas shall be separated from
walkways, sidewalks, streets or alleys by curbing or other protective
devices approved by the Board. Along each street line a five-foot
strip measured from the right-of-way shall be provided suitably landscaped
except for necessary walks and access ways. The plant material shall
be selected to have a maximum height of four feet.

Private walk adjacent to business buildings.
A private walk from the parking area shall be provided adjacent to
the building and shall not be less than four feet in width, if deemed
necessary by the Board. Curbing or other protective devices approved
by the Board shall be provided to prevent parked vehicles from encroaching
upon or interfering with the walks.

Side yard separation. Driveways and parking
areas shall be separated from any side line by a minimum of five feet,
with a concrete curb or other approved protective device at the edge
of the driveway or parking area.

Where used with parallel parking or where there
is no parking, interior aisleways shall be at least 10 feet wide for
one-way traffic movement and at least 20 feet wide for two-way traffic
movement. Aisleway width measurements shall be exclusive of parking
area.

Lighting for night use. Adequate lighting shall be provided if the off-street parking facilities are to be used at night. The lighting shall be arranged and installed so as not to directly illuminate, reflect or cause glare on any abutting land or adjacent streets as required in Subsection C for design standards for lighting.

Area shall not be reduced. No off-street parking
area shall be reduced in size or encroached upon by buildings, vehicle
storage, loading or unloading or any other use where such reduction
or encroachment will reduce the off-street parking and loading spaces
below that required by these regulations.

Required setback. No required loading space,
including maneuvering areas for such loading space, shall be established
in the area between the front building line and the street right-of-way
line in industrial zones.

Off-street parking space within buildings. Garage
space or space within buildings, in basements or on the roofs of buildings
may be used to meet the off-street parking requirements of this chapter,
provided that such space is designated to serve as off-street parking
space.

Traffic control devices. Traffic control devices,
such as signs, traffic signals, etc., if required by the Board, shall
conform in all respects to the Manual of Uniform Traffic Control Devices
for Streets and Highways as adopted by the Federal Highway Administration
United States Department of Transportation.

Minimum space requirements for off-street parking
areas. A minimum number of off-street automobile parking spaces shall
be provided in accordance with the following tabulation:

Use

Minimum Space Requirements

Nursing home

At least 1 for each 5 patients, plus 1 additional
for each staff member or employee at peak shift time

Hospital

At least 1 for each 3 patient beds, excluding
bassinets, plus 1 additional for each medical staff member or visiting
doctor based on the average number of such persons serving the hospital,
plus 1 additional for each 4 employees

Medical or dental practitioner's office

Each office shall provide at least 5 for each
professional person occupying or using each office, plus 1 additional
for each employee and practitioner

Mortuary or funeral home

At least 1 for every 75 square feet of floor
area devoted to services or viewings, plus 1 additional for each funeral
vehicle, and 1 for each employee

Church, synagogue, other place of worship

At least 1 for each 4 seats

Educational institution, public or private

At least 1 for each 2 employees, including teachers
and administers; sufficient off-street parking space for the safe
and convenient loading and unloading of students; additional facilities
for student parking, taking into consideration the total number of
students driving automobiles; the requirements for gymnasium and auditorium
use shall be in addition to these requirements

Publicly owned or operated building

At least 1 for each 4 seats, plus 1 for each
employee

Railroad or bus station

The intended user must submit his plans and
proposed method of operation showing the frequency and the anticipated
number of users of the station as well as the areas to be served by
this station so as to establish the number of car spaces which will
be required at each facility

Private club or building

At least 1 for each 200 square feet of net floor
space, plus 1 for each employee at peak time

Stadium, ballparks and other outdoor sports
arenas/facilities

At least 1 for each 3 seats, and 1 for each
employee

Swimming pool or natural bathing place operated
for profit

At least 1 for each 6 persons within the recommended
or legal capacity prescribed under applicable state and local laws,
ordinances or resolutions, and 1 for each employee

Theater, auditorium or indoor sports arenas/facilities

At least 1 for each 3 seats or similar vantage
accommodations provided, and also 1 for each employee

Public outdoor recreation area

At least 8 per acre of recreational area

Bowling establishment

At least 3 for each bowling lane, and at least
1 for each employee; if additional facilities such as a bar or restaurant
are provided, additional parking spaces shall be provided in accordance
with the requirements for similar uses set forth in this section

Restaurant or similar place dispensing food,
drink or refreshments

At least 1 for each 3 seats provided for patron
use, plus 1 for each employee

Office building, professional building or similar
use

At least 1 for each 200 square feet of net rental
floor area; medical use shall comply with the provisions for medical
or dental practitioner's office above

1.2 for every employee in the establishment
or warehouse's largest working shift, plus the prior or subsequent
shift, rounded to the nearest whole number at peak load time due to
overlapping work shifts, or 1 for every 200 square feet of office
floor area, plus 1 for every 750 square feet of manufacturing or warehouse
area; note that the larger number of spaces required based upon the
aforementioned criteria shall govern

Duty to provide and maintain lighting facilities.
Adequate lighting shall be provided for all parking areas if said
areas are proposed to be used at night. Lighting for parking areas
shall conform to the requirement hereinafter stated.

The maximum height of the top of lighting fixtures
located not less than 95 feet from any property line shall be 41 feet
above the parking surface. The maximum height of all other fixtures
shall be 31 feet above the parking surface.

Each site plan submitted to the Cinnaminson
Township Board shall be reviewed by the Board Engineer to establish
requirements to prevent adverse drainage conditions relating to public
streets or adjoining lands and to assure adequate design to minimize
future maintenance and avoid future flooding damage.

Storm drainage facilities required to accommodate
additional storm drainage resulting from the site development shall
be provided for by the owner without cost to the Township. This may
involve reconstruction of existing storm drainage facilities or construction
of new facilities on and/or off the Township right-of-way.

Where property adjacent to a public right-of-way
is to be filled or the grade is to be modified, the owner shall be
required to make adequate provision at his own expense, for the disposition
of right-of-way drainage by installing such pipe of adequate size
and material, catch basins, manholes, headwalls and ditches as may
be necessary to protect the Township's drainage rights.

The Soil Conservation Service method and the
rational method are acceptable methods for determining runoff. The
method to be applicable for any given development shall be determined
by the Board Engineer.

The rates and volumes of inflow for detention
basins shall be based on similar assumptions to those that are used
in the rational method, and the duration of the storm used to determine
such rates and volumes shall be that which will require maximum storage.
The design criteria shall be based upon a ten-year-frequency rainstorm.

Basins shall be designed with a minimum of one
foot of freeboard and provisions for overflow. All overflow channels,
flumes, pipes, etc., shall be designed to accommodate a one-hundred-year-frequency
storm, exclusive of any discharge through the principal spillway.

The side slopes of detention basins shall be
constructed with slopes not to exceed four feet horizontally to one
foot vertically unless approved by the Board Engineer. The sides of
detention basins shall be topsoiled four inches thick and sodded.
The sod shall be pegged in place during installation.

The bottom of detention basins
shall be graded at a slope of not less than 1% toward the principal
spillway or discharge structure. The bottom of detention basins shall
be topsoiled four inches thick and sodded. The sod shall be pegged
in place during installation.

A parabolic concrete channel shall
be provided in the bottom of detention basins connecting all points
of inflow with the principal spillway or discharge structure. The
channel shall be designed for a ten-year-frequency storm and have
a capacity not less than the design flow of the principal spillway.
The channel shall be constructed six inches thick using Class B concrete,
welded wire reinforcement and watertight joints, if the subgrade is
not sufficiently stable, a three-fourths-inch graded stone base six
inches thick shall be constructed under the concrete channel.

Subsurface vaults or circular pits may be used
for detention facilities. If precast structures are not used, structural
calculations shall be submitted to support the proposed design. All
pits or vaults shall be provided with a means of access at grade for
maintenance purposes.

The side slopes of retention basins shall be
constructed with slopes not to exceed four feet horizontal to one
foot vertical unless approved by the Board Engineer. The sides of
retention basins shall be topsoiled four inches thick and sodded.
The sod shall be pegged in place during installation. The bottom of
retention basins shall be graded at a slope of not less than 1% toward
a low point. The bottom of retention basins shall be constructed with
two-inch graded stone a minimum of eight inches thick.

Retention basins shall be designed with a minimum
of one foot freeboard and provisions for overflow. All overflow channels,
flumes, pipes, etc., shall be designed to accommodate a one-hundred-year-frequency
storm.

Reinforced concrete pipe shall
conform to AASHTO Designation No. M170. For depths of cover of one
to two feet, Class IV pipe shall be used. For depths of cover in excess
of two feet, Class III pipe shall be used.

Storm sewer pipes shall be designed to handle
the peak flow of a given frequency storm at a given time of concentration
for the entire watershed drainage to said pipes. The design criteria
shall be based upon a ten-year-frequency rainstorm.

All manholes, inlets and headwalls shall be
constructed in accordance with the Standard Specifications at locations
determined by the Board Engineer. Details for all construction shall
accompany the site plan.

Any commercial or industrial use shall be so operated as to comply with the environmental standards set in Chapter 362, Noise. No use already established shall be so altered or modified as to conflict with, the environmental standards hereby established for these districts.

Vibration. No manufacturing, fabricating, research,
testing or other processes requiring the use of blasting shall be
permitted. Any necessary occasional, emergency or construction blasting
shall conform to the limits of the Table of Frequency-Amplitude Relations
and all other requirements of the Rules and Regulations Governing
Blasting on Construction and Relation Operations, Bureau of Engineering
and Safety, State Department of Labor and Industry. No machinery,
process or other use will be permitted that causes any mechanical
or earth vibration that is detectable beyond the lot line. When operations
involve the use of heavy machinery, testing or other facilities likely
to produce mechanical vibration, the building shall be constructed
and the machinery and equipment shall be installed in such a manner
as to eliminate the possibility of mechanical vibration or earth vibration
of such extent that is detectable beyond the lot line. For the purpose
of measuring compliance, no mechanical vibration or earth vibration
shall be permitted that exceeds 10% of the limits of the aforementioned
Table of Frequency-Amplitude Relations.

Smoke and particulate matter. The emission from
any operation of smoke or particulate matter in such manner or quantity
as to be detrimental to or endanger the public health, safety, comfort
or welfare is hereby declared to be a public nuisance and shall henceforth
be unlawful. Operations must conform to New Jersey Air Pollution Control
Codes.

Toxic matter. No activity or operation shall
cause at any time the discharge of toxic matter across lot lines in
such concentrations as to be detrimental to or endanger the public
health, safety, comfort or welfare or cause injury or damage to property
or business. Operations must conform to New Jersey Air Pollution Control
Codes.

The storage, utilization or manufacture of solid
materials or products ranging from free or active burning to intense
burning is permitted, provided that such materials or products shall
be stored, utilized or manufactured within completely enclosed buildings
having incombustible exterior walls and protected throughout by an
automatic fire-extinguishing system.

Total capacity of flammable materials permitted.
The storage, utilization or manufacture of flammable liquids or materials
which produce flammable or explosive vapors or gases shall be permitted
in accordance with the Building Code.[2]

Humidity, glare or heat. Any operation producing
excessive humidity in the form of steam or moist air or producing
intense glare or heat shall be performed within an enclosure and in
such a manner as not to be perceptible at or beyond any lot line.
Exposed sources of light shall be shielded so as not to create a nuisance
across lot lines.

All proposed bituminous paving shall consist
of two inches of bituminous concrete, Mix No. 5 on six-inch quarry
blend (Soil Aggregate Type 5, Class A) as a minimum. All materials
and methods of construction shall conform to the requirements of the
New Jersey Department of Transportation Standards and Specifications
for Road and Bridge Construction.

Driveways shall be so located as to avoid undue
interference with or restriction of the free movement of normal road
traffic, so that areas of traffic congestion will not be created.
Also to be avoided are locations that would interfere with the placement
and proper functioning of road signs, signals, lighting or other devices
that affect traffic operations.

Editor’s Note: Former Subsection I, Definition of term “Cinnaminson Board,” Subsection J, regarding minimum requirements for design standards of site plans, Subsection K, which provided that the Cinnaminson Board could waive any requirements in this section, Subsection L, which provided that the Cinnaminson Board had the power to waive formal site plan review for certain developments, as amended, Subsection M, Impact statements and reports, as amended, and Subsection N, Trees, as amended, all of which immediately followed this Subsection H, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures.

The uses of lands and buildings permitted by
this chapter shall not be construed to include any of the following:
trailer camp; tourist camp; outdoor moving-picture theater; used car
lot; any trade, occupation, industry or business whatsoever that is
noxious or offensive by reason of causing noise, odor, dust, smoke,
gas or vibration; and outdoor carnival, bazaar, circus or similar
project or activity, provided that an outdoor carnival, bazaar, circus
or similar project or activity when conducted or sponsored by a local
volunteer fire company or charitable, philanthropic or service organization
may be permitted on such date and at such place as may be designated
by the Township Committee.

This section of the Cinnaminson Township Code
sets forth regulations regarding low- and moderate-income housing
units in Cinnaminson Township that are consistent with the provisions
of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules
are pursuant to the Fair Housing Act of 1985 and Cinnaminson Township's
constitutional obligation to provide for its fair share of low- and
moderate-income housing.

At least half of all rental affordable units
will be affordable to low-income households; and at least 1/3 of all
affordable units in each bedroom distribution pursuant to N.J.A.C.
5:93-7.3 will be affordable to low-income households.

Low and moderate units restricted to senior
citizens may utilize a modified bedroom distribution. At a minimum,
the number of bedroom will equal the number of senior citizen low-
and moderate-income units within the inclusionary development.

Low-income units will be reserved for households
with a gross household income less than or equal to 50% of the median
income approved by COAH; moderate income units will be reserved for
households with a gross household income less than 80% of the median
income approved by COAH as per N.J.A.C. 5:93-9.16; and

Establish gross rents, including an allowance
for tenant-paid utilities, so as not to exceed 30% of the gross monthly
income of the appropriate household size as per N.J.A.C. 5:93-7.4(a).
The tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.

The initial price of a low- and moderate-income
owner-occupied single family housing unit will be established so that
after a down payment of 5%, the monthly principal, interest, homeowner
and private mortgage insurance, property taxes (based on the restricted
value of the low- and moderate-income unit) and condominium or homeowner
fee (if any) do not exceed 28% of the eligible gross monthly income;
and

Master deeds of inclusionary developments will
regulate condominium or homeowner association fees or special assessments
of low- and moderate-income purchasers at 100% of those paid by market
purchasers. This percentage is consistent with the requirements of
N.J.A.C. 5:93-7.4(e). Once established within the master deed, the
one-hundred-percent fee structure will not be amended without prior
approval from COAH; and

Cinnaminson Township will follow the general
provisions concerning uniform deed restriction liens and enforcement
through certificates of occupancy or reoccupancy on sale units as
per N.J.A.C. 5:93-9.3; and

Municipal, state, nonprofit and seller options
regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through
5:93-9.8. Municipal rejection of repayment options for sale units
will be consistent with N.J.A.C. 5:93-9.9; and

To provide assurances that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units, Cinnaminson
Township will designate the Housing Assistance Service within the
New Jersey Department of Community Affairs with the responsibility
of ensuring the affordability of sales and rental units over time.
The Housing Assistance Service will be responsible for those activities
detailed in N.J.A.C. 5:93-9.1(a).

In addition, the Housing Assistance Service
will be responsible for utilizing the verification and certification
procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households
in low- and moderate-income units; and

The Housing Assistance Service will require
all conveyances of newly constructed units to contain the deed restriction
and mortgage lien adopted by COAH and referred to as Technical Appendix
E as found in N.J.A.C. 5:93; and

Housing units created through the conversion
of a nonresidential structure will be considered a new housing unit
and will be subject to 30 year controls on affordability. The Housing
Assistance Service will require COAH's appropriate deed restriction
and mortgage lien.

Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years. The Housing Assistance Service will require
the deed restriction and lien and deed of easement referred to as
Technical Appendix H as found in N.J.A.C. 5:93; and

Affordability controls in accessory apartments
will be for a period of at least 10 years, except if the apartment
is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13,
then the controls on affordability will extend for 30 years; and

Alternative living arrangements will be controlled
in a manner suitable to COAH, that provides assurances that such facilities
will house low- and moderate-income households for at least 10 years
except if the alternative living arrangement is to receive a rental
bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on
affordability will extend for 30 years.

Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., incorporates the need to eliminate unnecessary cost-generating
features from Cinnaminson Township's land use ordinances. Accordingly,
Cinnaminson Township has eliminated development standards that are
not essential to protect the public welfare and to expedite or fast
track municipal approvals/denials on inclusionary development applications.
Cinnaminson Township will adhere to the components of N.J.A.C. 5:93-10.1
through 5:93-10.3.

The Cinnaminson Township has a 1987-1999 fair share
obligation of 351 units of which 331 is the new construction component.
This chapter will apply to all developments that contain proposed
low- and moderate-income units that are listed below and any future
developments that may occur:

The affirmative marketing plan is a regional
marketing strategy designed to attract buyers and/or renters of all
majority and minority groups, regardless of sex, age or number of
children, to housing units which are being marketed by a developer/sponsor
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. Cinnaminson Township is in the housing region consisting of
Burlington, Camden and Gloucester Counties. The affirmative marketing
program is a continuing program and will meet the following requirements:

All newspaper articles, announcements and requests
for applications for low- and moderate-income units will appear in
the following daily regional newspapers/publications: the Burlington
County Times, the Camden Courier Post and the Gloucester County Times.

The primary marketing will take the form of
at least one press release sent to the above publications and a paid
display advertisement in each of the above newspapers. Additional
advertising and publicity will be on an as-needed basis.

All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in neighborhood oriented weekly newspapers, religious publications
and organizational newsletters within the region, if needed in order
to attract sufficient applicants.

The following regional radio and/or cable television
station(s) will be used as necessary for public service announcements:
WWJZ (640.0) Mount Holly Radio Co., WGLS (89.7) Rowan College of NJ
and WDBK (91.5) Camden County College.

The following is a listing of community contact
person(s) and/or organization(s) in Burlington, Camden and Gloucester
Counties that will aid in the affirmative marketing program with particular
emphasis on contacts that will reach out to groups that are least
likely to apply for housing within the region:

Quarterly flyers and applications will be sent
to each of the following agencies for publication in their journals
and for circulation among their members: Boards of Realtors in Burlington,
Camden and Gloucester Counties.

The Housing Assistance Service is the agency
under contract with Cinnaminson Township to administer the affirmative
marketing program. The Housing Assistance Service has the responsibility
to income qualify low- and moderate-income households; to place income
eligible households in low- and moderate-income units upon initial
occupancy; to provide for the initial occupancy of low- and moderate-income
units with income qualified households; to continue to market the
availability of units and to qualify households for reoccupancy of
units as they become vacant during the period of affordability controls
in conformance with N.J.A.C. 5:93-11.5; to assist with advertising
and outreach to low- and moderate-income households; and to enforce
the terms of the deed restriction and mortgage loan as per N.J.A.C.
5:93-9.1. The Township Clerk within Cinnaminson Township is the designated
housing officer to act as liaison to the Housing Assistance Service.
The Housing Assistance Service will provide counseling services to
low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements and
landlord/tenant law.

Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. Cinnaminson Township
intends to comply with N.J.A.C. 5:93-11.7.

The marketing program will commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed restricted and occupancy or reoccupancy
of units continues to be necessary.

Cinnaminson Township will undertake a rehabilitation
program to rehabilitate 11 substandard housing units occupied by low-
and moderate-income households. Cinnaminson Township has designated
the Burlington County Home Improvement Loan Program to administer
the rehabilitation program, including the preparation of a marketing
plan for the rehabilitation program. The rehabilitation program will
be consistent with N.J.A.C. 5:93-5.2(b) through 5:93-5.2(1).

The exterior appearance of low- and moderate-income
units shall be indistinguishable from the facades of market rate units
in inclusionary developments. The low- and moderate-income units shall
be dispersed throughout inclusionary developments among market rate
units of the same tenure type to the greatest practicable extent.

Enforcement and penalties. Any change or alteration
of an approved site plan or condition of approval granted by the Planning
Board or Zoning Board of Adjustment without further Board approval
of said change or alteration shall be considered a violation of this
chapter and upon conviction in a court of competent jurisdiction,
shall, besides curing said alteration by either restoration of the
site to the approved site plan or obtaining amended site plan approval
for the appropriate Board of jurisdiction, be subject to a fine of
up to a maximum of $2,000, imprisonment of up to 90 days or a term
of community service of 90 days per violation. Each and every day
said violation exists shall be considered a new and separate violation.

No sign shall be erected, enlarged, rebuilt, structurally
altered or relocated until a permit has been issued by the Zoning
Officer and the Construction Official, except as hereinafter permitted.
The issuance of a permit shall not relieve the owner or lessee of
the premises from the duty of maintaining safely any such structures.
No sign of any description shall be installed, erected, constructed
or maintained in such a manner as to block the exit from any fire
escape, window or door, nor shall any sign be attached in any manner
to a fire escape, nor shall any sign block access to the roof. Every
sign constructed or maintained shall be plainly marked with the name
of the person, firm or corporation erecting or maintaining such sign.

No sign shall be erected in the Township of Cinnaminson
that would tend, by its location, color, shape, message or nature,
to be confused by motorists or pedestrians with or obstruct the view
of traffic signs or traffic signals.

No sign other than official traffic control devices
or street signs shall be erected within or encroach upon the right-of-way
lines of any street unless specifically authorized by other ordinances
or regulation of local, county, state and federal agencies.

No sign shall contain flashers, animators, movable
reflectors, mechanical movements or contrivances of any kind. No intermittent
or flashing signs shall be permitted. No statuary or sculpted or molded
figures used for promotional or advertising purposes are permitted.

Sign illumination devices, such as but not limited
to flood- or spotlights, shall be so placed and so shielded as to
prevent illumination of neighboring properties and shall be situated
so as not to interfere with or pose a threat to traffic safety.

The area of a permitted sign shall be determined by
multiplying the greatest horizontal dimensions by the greatest vertical
dimensions, including spaces between open-type letters and figures
and the background structure or other decoration or addition which
is an integral part of the sign. Sign supports shall be excluded in
determining the area of a sign unless they contribute directly to
either the overall height or width of the sign.

Any sign, billboard, signboard or advertising device
existing at the time of the passage of this chapter that does not
conform in use, location, height or size with the regulations of the
district in which such sign is located shall be considered a nonconforming
use and may be continued and maintained in such use in its present
location until replacement or rebuilding becomes necessary, at which
time a permit will be required and the sign brought into conformity
with this chapter.

The limitations on sign area prescribed in this chapter
shall not apply to parking lot markers, directional signs or entrance
and exit signs erected on the premises which shall not exceed two
square feet in area.

A sign, in excess of 24 square feet in area, which directs
attention to a business, commodity, service, entertainment or facility
not located, conducted, sold or offered upon the premises where such
sign is located. The term shall also include similar terms including,
but not limited to, "off-premises sign" and "outdoor advertising displays."

Where a property within 250 feet
of an residential zone or redevelopment zone contains a mixed use
which includes a residential use, the residential use may be ignored
if the residential use is inconsequential.

No billboard shall be erected within
the clear sight triangles of any public street or road and shall not
in any manner obstruct or impede traffic safety, including ingress
and egress, not block the view from the road or street of any traffic
sign, signal, device, directional sign or existing or proposed business
sign, logo or sign.

The total height shall be the same
as allowed for other structures in the same zoning district as measured
from the highest peak of the structure to the top of the roadway to
which the billboard is oriented.

Requirement for sign permit. All billboards
shall conform with all other state regulations and rules governing
billboards, including the requirement of an off-site premises sign
permit issued by the Township.

Banners, spinners, pennants or any moving objects used for advertising purposes are not permitted except in conformance with § 525-118. This provision does not apply to single flags or pennants attached to a permanent pole.

Include the following technologies, as well as those not
specifically identified herein, but which bear the same characteristics
of these electronic billboards in terms of size, electronic nature
of the sign/billboard, image generation, changeable nature of the
message, etc. Electronic billboard technologies include the digital
light-emitting diode (LED) billboards; commercial electronic variable
message signs; digital billboards; electronic billboards; and such
other signs that incorporate short sequences of words in which each
letter is defined by a small number of matrix elements, such as a
four-by-six matrix or a five-by-seven matrix, which involve typically
light-emitting diode (LED) or incandescent materials presented generally
against a dark background or such type of background as to make them
more visible.

No electronic billboard shall be greater in dimension than the size
of signs permitted for the particular district in which the sign/billboard
is to be located. No such sign shall be permitted to vary its message
in intervals of less than 15 seconds, and no more than four messages
per one-minute interval shall be permitted.

A digital sign must have installed an ambient light monitor, which
shall continuously monitor and automatically adjust the brightness
level of the display based on ambient light conditions consistent
with the terms of this subsection.

Except for time and temperature signs or electronic billboards as
otherwise regulated herein, all billboards must be stationary and
may not contain any visible moving parts or alternating or moving
messages, or have the appearance of having moving parts or messages.
Under no circumstances may any type of billboard contain a message
or display that appears to flash, ungulate, pulse, move or portray
explosions, fireworks, flashes of light or blinking lights or otherwise
appear to move forward or away from the viewer, expand or contract,
bounce, rotate, sign, twist or make other comparable movements.

After a zoning permit has been granted, the Construction
Official shall only issue a building permit for the erection or construction
of a sign which meets the requirements of the Uniform Construction
Code[1]. Application for permits to erect, hang or place a sign
shall be submitted on forms obtained from the Construction Official.
Each application shall be accompanied by plans showing the area of
the sign; the size and character; the method of illumination, if any;
the exact location proposed for such sign and, in the case of a projecting
sign, the proposed method of fastening such sign to the building structure;
the vertical distance between such sign and the finished grade and
the horizontal distances between such sign and the curb and also between
such sign and the right-of-way line; and such other information as
may be requested.

Purpose and findings. The Township finds that temporary
signs provide an important medium through which individuals may convey
a variety of noncommercial and commercial messages. However, left
completely unregulated, temporary signs can become a threat to public
safety as a traffic hazard and a detriment to property values and
the Township's overall public welfare as an aesthetic nuisance. By
enacting this section, the Township intends to:

Any piece or parcel of land or a portion of a subdivision,
the boundaries of which have been established by some legal instrument
of record, that is recognized and intended as a unit for the purposes
of transfer of ownership.

A sign which identifies, advertises, or directs attention
to a business, or is intended to induce the purchase of goods, property,
or service, including, without limitation, any sign naming a brand
of goods or service or directing a reader to another location for
additional information by the inclusion of a phone number, email or
website address, and real estate signs, as further defined below.

The entire area between property boundaries which is owned
by or under the legal jurisdiction of a government entity, dedicated
to public use, or impressed with an easement for public use; which
is primarily used for pedestrian or vehicular travel; and which is
publicly maintained, in whole or in part, for such use; and includes
without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk
area, parking or parking strip, planting strip, and any public way,
including any poles, light standards or other similar structures within
said right-of-way.

Is written, printed, projected, painted, constructed,
or otherwise placed or displayed upon or designed into landscaping
or a structure or a board, plate, canopy, awning, marquee, or vehicle,
or upon any material object or device whatsoever; and

By reason of its form, color, wording, symbol,
design, illumination, or motion attracts or is designed to attract
attention to the subject thereof or is used as a means of identification,
advertisement, or announcement or political or artistic expression
or decoration; but

Temporary signs permitted in all zones subject to
restrictions. Temporary signs may be posted on property in all zones
of the Township, subject to the following requirements and those applicable
provisions stated elsewhere in this chapter:

The total square footage for temporary signs
posted on a building lot in any residential zone, in the aggregate,
shall not exceed 12 square feet, with no individual sign exceeding
six square feet. The total square footage for temporary signs posted
on a building lot in all other zones, in the aggregate, shall not
exceed 12 square feet, with no individual sign exceeding six square
feet. The total square footage of a sign is measured to include all
of the visible display area on one side of the sign.

No temporary sign shall obstruct or impair access
to a public sidewalk, public or private street or driveway, traffic
control sign, bus stop, fire hydrant, or any other type of street
furniture, or otherwise create a hazard, including a tipping hazard.

Temporary construction site signs for single
structures may be erected on the site during the period of construction
to announce the name of the owner or developer, contractor, architect,
landscape architect or engineer. Such signs shall not exceed 32 square
feet and shall be removed prior to a certificate of occupancy being
issued.

Temporary signs of mechanics, painters and other
artisans may be erected on the property where such work is being performed
and shall not exceed 12 square feet. Such signs shall be removed within
14 days after the completion of the work. Lawn service, cleaning service
and other like services are permitted one sign not to exceed six square
feet which must be removed upon completion of the service visit to
the property.

Temporary signs of a public or semipublic nature
shall not exceed 20 square feet in area. Not more than one such sign
shall be placed on any building lot. Such signs shall only be used
for the purpose of stating or calling attention to:

An event of public interest such as public or
general election; church or public meeting; local, county or state
fair; volunteer fire department fair; and other similar community
activities and campaigns. Such signs shall be removed within 14 days
following the occurrence of the event related to the sign.

Banners and pennants and not spinners or any moving objects used for advertising purposes may be placed on property owned or leased by businesses for advertising purposes, provided that a permit is obtained from the Zoning Officer and an application fee as set forth in Chapter 265, Fees, is filed. Said banners and pennants may be utilized and placed on the premises for no more than 11 days per permit, and no more than five permits per premises or business may be issued per annum. New businesses are permitted utilization and placement (one time only) for up to 30 days. The total square foot area of allowable banners and pennants is 100 square feet per premises or business, whichever applies.

No temporary sign shall use a series of two
or more signs or units placed in a line parallel to the highway or
in a similar fashion, all carrying a single advertising message, part
of which is contained on each sign.

Customary warning and/or trespassing signs and
signs indicating the private nature of a driveway or property are
permitted, provided that the size of the sign does not exceed three
square feet and provided that the sign is not illuminated and is maintained
in a proper condition.

In addition to the requirements stated above,
any other temporary sign not specifically designated herein, including
those announcing yard sales and special events to occur on one or
more particular dates, shall be removed within one day of the conclusion
of the event that the sign is promoting.

If that person does not remove or replace the
temporary sign in accordance with this section, then the property
owner or occupant of the building lot where the sign is posted is
responsible for the sign's removal or replacement.

The Township Administrator, or the Township
Administrator's designee, is authorized to remove any temporary signs
posted in violation of this section that are not removed or replaced
in accordance with the provisions above. Temporary signs posted on
private property in violation of this section shall be deemed a public
nuisance, and the Township Administrator, or the Township Administrator's
designee, may abate that nuisance in accordance with the nuisance
abatement and abatement cost recovery procedures of Chapter 583 of
this Code.

The Township Administrator, or the Township
Administrator's designee, may immediately remove temporary signs posted
on public property or rights-of-way in violation of this section and
file a civil complaint against the person who posted the sign to recover
the cost of removing the sign.

Variances. Any person seeking adjustment(s) to the
strict application of this section to the posting of a temporary sign
shall file an application for a variance in accordance with the zoning
procedures established within this chapter.

Signs are permitted that advertise the sale or development
of the property when erected in connection with the development of
the property by a builder, developer, contractor or other person interested
in such sale or development, provided that:

A sign expressing support for or opposition to a candidate
for political office or an issue specific to a current election or
referendum, and shall include such political paraphernalia as posters,
bumper stickers (when not affixed to a moving object), banners or
the like.

No such signs shall be affixed to a fire hydrant,
telephone booth, utility pole or other public utility structure or
posted, painted or otherwise affixed to trees, rocks or other natural
features within a street right-of-way, or in any other manner be placed
within any street right-of-way.

Such signs shall not be erected more than 45
days prior to the election or referendum and shall be removed by the
candidate, political committee, entity, organization, individual or
PAC within 14 days after the election or referendum.

Any sign erected or maintained in conflict with
the regulations of this chapter shall be removed or corrected within
24 hours of the receipt of written notice of violation from the Township
Zoning Officer. If the signs are not so removed within the time specified
herein, the representatives of the Township Public Works Department
or Police Department shall remove the same without further notice.

Any candidate, directly or indirectly, by his
agent, representative, political committee or PAC, who permits a violation
of this section for 24 hours after notification of the same to remove
the sign shall be subject to a fine not exceeding $150. The erection,
posting and placing of each individual political sign shall constitute
a separate offense.

Signs advertising the sale or development of the premises
when erected in connection with the development of the premises by
a building developer, contractor or other person interested in such
sale or development, provided that:

Site plan review is required for all new or
altered freestanding signs. The Planning Board shall evaluate the
sign for appearances, aesthetics, orientation, area impact and obstruction
of vision affecting safety.

One freestanding sign advertising the name of
the station or garage and the principal products sold on the premises,
including any special company or brand name, insignia or emblem, provided
that each such sign shall not exceed 40 square feet in area on a side
and shall be no closer than 15 feet to the property line. The bottom
of the sign shall not be less than 10 feet above the ground, and the
top shall not exceed 25 feet.

One temporary sign for special advertising located
inside the property line along each street frontage, provided that
said sign does not exceed nine square feet in area on one side and
shall be placed no closer than 10 feet to the property line.

Said signs shall not exceed two square feet
in area for each one foot of width of the principal building facade
to which the sign must be attached, and in no case shall such sign
exceed 200 square feet in area on one side.

Such sign shall not project more than 12 inches
from the building facade to which it is attached; provided, however,
that where a sign extends more than three inches from the face of
said wall, the bottom of said sign shall not be closer than 10 feet
to the ground level.

Such sign shall not have a vertical dimension
in excess of five feet and shall project neither above the roof, cornice,
parapet wall or roofline when there is no cornice or parapet wall
nor beyond the ends of the building.

Window signs are permitted on the first floor of the
building only. All window signs shall be attached to the inside of
the store window and shall not have a total gross advertising area
greater than 10% of the principal facade of the ground floor or 200
square feet, whichever is less.

All ordinances inconsistent with §§ 525-115 through 525-122 and its terms herein are hereby repealed. Sections 525-115 through 525-122 shall be the sole ordinance governing signs within the Township of Cinnaminson, except where these sections, by their terms, specify otherwise.

Editor's Note: Former § 525-123, Adult entertainment uses, § 525-124, Adult entertainment definitions, and § 525-125, Prohibition on adult entertainment uses, added 1-31-1983 by Ord. No. 1983-6, were removed from the Code. These sections were declared invalid and unconstitutional by the Superior Court of New Jersey, Law Division, Burlington County. Former §§ 525-126 through 525-134, regarding historic preservation, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures. Former § 525-135, Appointment, term of office and compensation of Zoning Officer, was repealed 6-1-2015 by Ord. No. 2015-4. Former § 525-136, Duties of Zoning Officer, was repealed 2-25-2013 by Ord. No. 2013-3.

No person hereafter shall erect, locate or alter any
building or portion thereof, or begin or change the use of any land,
without first obtaining a zoning permit therefor. All applications
for zoning permits shall be in writing; shall be addressed to the
Zoning Officer, except as otherwise provided for in this chapter;
shall be signed by the owner of record of the land or by the holder
of a bona fide contract for the purchase thereof; shall be made on
such forms as may be prescribed and furnished by the Township; shall
contain all information called for by such forms; and shall be accompanied
by such plans as may be required, together with any additional information
that may be requested by the Zoning Officer in order that it may be
determined whether the proposed erection, location or alteration of
a building or the proposed use or change of use of land will comply
with the terms and provisions of this chapter, statute or order of
the Board of Adjustment. Upon receipt of a zoning permit application,
the Zoning Officer shall distribute same to the following members
of the administration: the Township Administrator, the Township Director
of Community and Economic Development, the Municipal Clerk, Tax Assessor,
Tax Collector, and Secretary to the Planning and Zoning Board.

A zoning permit shall be granted or denied by the Zoning Officer within 10 business days of the receipt of a proper application as required by N.J.S.A. 40:55D-18. Applications referred to the Site Plan Review Advisory Committee pursuant to § 330-100 shall be denied without prejudice subject to the referral. The term "proper application" shall mean an application that provides all of the information required by the Zoning Officer required to make a determination to issue a permit or refer to the Site Plan Review Advisory Committee, together with payment of the necessary fee. Incomplete applications shall be denied without prejudice to their resubmission with proper information and fees. In the event that other municipal officials wish to have input into the permit process, they shall advise the Zoning Officer of their concerns or comments within five business days of the submission of a proper application. The Zoning Officer shall consider such concerns or comments in reaching his or her decision.

If, within six months after the granting of a zoning
permit for use of lands in an EX IND Exclusively Industrial District
in the manner and for any purpose permitted in such district by this
chapter, work incident to application of any part of such lands to
such use is commenced, such zoning permit shall continue in force
and effect as to all of such lands so long as such work continues
or any part of such lands is devoted to such use.

Upon completion of the erection, location or alteration
of any building or portion thereof for which a zoning permit shall
have been issued by the Zoning Officer, but prior to the use or occupancy
of such building or alteration, the holder of the permit shall notify
the Zoning Officer of such completion, whereupon the Zoning Officer
shall inspect the premises and, upon ascertain that the erection,
location or alteration referred to in the zoning permit has been done
in conformity with said permit or order of the Board of Adjustment,
shall issue a certificate in writing, to be designated "certificate
of conformity," that said work has been inspected by him and approved
as being in conformity with all zoning requirements of the Township.
Such certificate of conformity may be endorsed by the Zoning Officer
upon the original zoning permit. No person shall use or occupy any
building hereafter erected or located on any lot, or use or occupy
any alteration of any building hereafter made, unless and until a
certificate of conformity shall have been duly issued as required
by this chapter.

The zoning permit and certificate of conformity
required by this chapter are in addition to and not in lieu of any
and all other permits and certificates that are or may be required
by law or by any governmental agency or by virtue of any other ordinance
or ordinances of the Township of Cinnaminson or otherwise.

Notwithstanding the fact that the Zoning Officer
is charged with the duty of enforcing the provisions of this chapter,
it shall be competent and proper for any person or persons having
knowledge of the violation of this chapter to initiate proceedings
for the prosecution of the person or persons believed to have committed
such violation.

Fees in such amounts as may hereafter be fixed by
the Township Committee shall be payable to the Zoning Officer, for
the account of the Township, upon the issue of zoning permits and
certificates of conformity.

The Township Committee hereby fixes the sum as set forth in Chapter 265, Fees, as the fee to be charged for consideration of an application for a zoning permit, which fee shall be paid to the Zoning Officer by the applicant at the time the application is made for the zoning permit, and shall be in addition to any other fees required under Township ordinances. All such fees shall be remitted promptly to the Township Treasurer.

Work described in the zoning permit and for
which approval is sought shall be commenced within 90 days after the
issuance of the permit; otherwise, the permit shall be void, and the
applicant shall have no rights under same.

No zoning permit shall be issued, nor shall
approval be granted by the Zoning Officer, if taxes or assessments
for local improvements are due or delinquent on the property for which
application is made.

"Microbrewery" means a facility meeting the standards of and
holding a limited brewery license pursuant to N.J.S.A. 33:1-10. In
accordance with the aforementioned statute, the holder of such a license
may sell and distribute its product to wholesalers, retailers and
persons for off-premises consumption, provided same is consistent
with the regulations of the Division of Alcoholic Beverage Control.
The holder of such license may also sell its product for on-premises
consumption in connection with a brewery tour.

"Brew pub" means a facility meeting the standards of and holding
a restricted brewery license pursuant to N.J.S.A. 33:1-10. A holder
of such license must also hold a plenary retail consumption license
pursuant to N.J.S.A. 33:1-12 and operate a restaurant in conjunction
with and immediately adjoining the premises holding the restricted
brewery license.

Unless otherwise determined within this chapter, any
person that shall violate this chapter or do any act or thing therein
prohibited, or refuse or fail to do any act or thing therein required
to be done, or refuse or fail to comply with an order of the Zoning
Officer or an order of the Zoning Board of Adjustment, shall, upon
conviction thereof before a court of competent jurisdiction, forfeit
and pay such fine not exceeding the sum of $1,250. The violator shall
be provided a thirty-day period to cure or abate the violation. The
court in its initial ruling or upon failure by the violator to cure
or abate the violation within the thirty-day period may increase the
penalty to the maximum of $2,000.

Any person who is convicted of violating an ordinance
within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.

Any natural person convicted of the violation of this
chapter may, in the discretion of the court by which he was convicted,
and in default of payment of any fine imposed therefor, be imprisoned
in the county jail for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.

In addition to the right, as hereinbefore authorized,
of any person having knowledge of the violation of this chapter to
initiate the prosecution of the person or persons believed to have
committed such violation, the Zoning Officer of the Township and any
and all other interested persons shall have the right to have recourse
to any and all other remedies, whether by injunction, restraining
order, mandamus or otherwise, which are or may hereafter be available
by law.[1]

Editor’s Note: Former §§ 525-164 through 525-172 and §§ 525-174 through 525-188, regarding the Planning Board, Citizens Advisory Committee, and application procedures for the Planning Board and Board of Adjustment, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures. Former § 525-173, Environmental Commission, as amended, was repealed 2-13-2012 by Ord. No. 2012-2.